PRESIDING OFFICER: (SENATOR CLAYBORNE) The -- the regular Session of the 96th General Assembly will come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Dan Haas of Aurora Community Church in Aurora, Illinois.
(Prayer by Pastor Dan Haas)
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please remain standing for the Pledge of Allegiance. Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR CLAYBORNE) Madam Secretary, Reading and Approval of the Journal.
Senate Journal of Monday, May 18th, 2009.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Madam Secretary, Resolutions.
1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senate Resolution 290, offered by Senator Collins. It is substantive.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Messages from the House.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1770, together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 to Senate Bill 1770 and House Amendment 2 to Senate Bill 1770. We have received like Messages on Senate Bill 1784, with House Amendment 1; Senate Bill 1817, with House Amendment 1; Senate Bill 1830, with House Amendment 1; Senate Bill 1882, with House Amendment 1; Senate Bill 1926, with House Amendment 1; Senate Bill 1956, with House Amendment 1; Senate Bill 1977, with House Amendment 1; Senate Bill 2010, with House Amendments 1 and 2 {sic}; Senate Bill 2045, with House Amendment 1; and Senate Bill 2046, with House Amendment 1. All passed the House, as amended, May 18th, 2009. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Want to make an announcement. Would all Members please come to the Floor? We’re going to take care of -- well, start substantive final action. All Members within the earshot of my voice, please come to the Floor so we can begin substantive 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 action. Senator Dahl, for what purpose do you seek recognition?
Thank you, Mr. President. Moment of personal privilege, please.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.
Thank you. I have with me today two young ladies from Cary, Illinois. Actually, they’re in Senator Duffy’s district. Terianne and Mary Marsh. And their father, Kerry {sic} (Tom), and their grandparents, Seggebruch, are up in the gallery behind me - or they were. Oh, there they are, over on that side. They’re over on the Democrat side.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Will our guests please rise and…
Give ‘em a warm welcome. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Will our guests please rise? And welcome to the Senate. Going -- we’re going to page 3 - Order on page 3 of the Calendar. Senate Bill 1156. Senator Sullivan. Madam Secretary, read the bill.
Senate Bill 1156. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sullivan, to explain the bill. Oh! I’m sorry. 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 2nd Reading. 3rd Reading. Senator Sullivan, on Senate Bill 1157. …Secretary, read the bill.
Senate Bill 1157. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Lauzen, for what purpose do you seek recognition?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.
I’m joined today by Pastor Dan Haas, who gave the prayer this morning, but he is accompanied today by Covenant Christian School, five eighth-grade students, and their teacher is Mr. Jerry Baker. And they are seated over on the Democrat side in the gallery above me. So, I’d just like to welcome them to Springfield.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Will our guests please rise and be welcomed? Thanks for coming. Thank you. Senator Murphy, for what purpose do you seek recognition?
Point of privilege, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point. 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
I am joined today by a recent graduate of Michigan State University, my Page for a Day, Brad Schroeder, and his father, Steve, up in the President’s Gallery, two fine constituents from my district. And hopefully we’ve got a future law enforcement - - maybe at the federal level. He’s pledged, for those of you on the other side of the aisle, to always tell the truth to Speaker Pelosi, if he gets in that position. But I’d like a warm welcome for Brad Schroeder.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to the Senate. Thanks for coming. Enjoy your day. House -- I mean, Senate Bill 1158. Senator Sullivan. Madam Secretary, read the bill.
Senate -- Senate Bill 1158. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1159. Madam Secretary, please read the bill.
Senate Bill 1159. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1160. Madam Secretary, please read the bill. 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Senate Bill 1160. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1161. Madam Secretary, please read the bill.
Senate Bill 1161. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1162. Madam Secretary, please read the bill.
Senate Bill 1162. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1163. Madam Secretary, please read the bill.
Senate Bill 1163. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1164. Madam Secretary, please read the bill.
Senate Bill 1164. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1165. Madam Secretary, please read the bill.
Senate Bill 1165. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1166. Madam Secretary, please read the bill.
Senate Bill 1166. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1167. Madam Secretary, please read the bill.
Senate Bill 1167. 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Madam Secretary, Senate Bill 1167. Senator Sullivan. Madam Secretary, please -- I mean - I’m sorry - 1168. Senator Sullivan. Madam Secretary, please read the bill.
Senate Bill 1168. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1169. Madam Secretary, please read the bill.
Senate Bill 1169. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1170. Madam Secretary, please read the bill.
Senate Bill 1170. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 3rd Reading. Senator Sullivan, on Senate Bill 1171. Madam Secretary, please read the bill.
Senate Bill 1171. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Turning to the top of page 4. Senator Sullivan, on Senate Bill 1172. Madam Secretary, please read the bill.
Senate Bill 1172. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1173. Madam Secretary, please read the bill.
Senate Bill 1173. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1174. Madam Secretary, please read the bill.
Senate Bill 1174. 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1175. Madam Secretary, please read the bill.
Senate Bill 1175. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1176. Madam Secretary, please read the bill.
Senate Bill 1176. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1177. Madam Secretary, please read the bill.
Senate Bill 1177. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1178. Madam 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Secretary, please read the bill.
Senate Bill 1178. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1179. Madam Secretary, please read the bill.
Senate Bill 1179. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1180. Madam Secretary, please read the bill.
Senate Bill 1180. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1181. Madam Secretary, please read the bill.
Senate Bill 1181. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1182. Madam Secretary, please read the bill.
Senate Bill 1182. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1183. Madam Secretary, please read the bill.
Senate Bill 1183. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1184. Madam Secretary, please read the bill.
Senate Bill 1184. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Sullivan, on Senate Bill 1185. Madam Secretary, please read the bill.
12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senate Bill 1185. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1209. Madam Secretary, please read the bill.
Senate Bill 1209. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Turning to the top of page 5. Senator Trotter, on Senate Bill 1210. Madam Secretary, please read the bill.
Senate Bill -- Senate Bill 1210. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1211. Madam Secretary, please read the bill.
Senate Bill 1211. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1212. Madam Secretary, please read the bill.
Senate Bill 1212. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1213. Madam Secretary, please read the bill.
Senate Bill 1213. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1214. Madam Secretary, please read the bill.
Senate Bill 1214. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1215. Madam Secretary, please read the bill.
Senate Bill 1215. 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1216. Madam Secretary, please read the bill.
Senate Bill 1216. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1217. Madam Secretary, please read the bill.
Senate Bill 1217. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1218. Madam Secretary, please read the bill.
Senate Bill 1218. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1219. Madam 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Secretary, please read the bill.
Senate Bill 1219. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on -- on Senate Bill 1220. Madam Secretary, please read the bill.
Senate Bill 1220. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1222. Madam Secretary, please read the bill.
Senate Bill 1222. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1223. Madam Secretary, please read the bill.
Senate Bill 1223. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1224. Madam Secretary, please read the bill.
Senate Bill 1224. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Turning to the top of page 6. Senator Trotter, on Senate Bill 1225. Madam Secretary, please read the bill.
Senate Bill 1225. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1226. Madam Secretary, please read the bill.
Senate Bill 1226. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1227. Madam Secretary, please read the bill. 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Senate Bill 1227. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1228. Madam Secretary, please read the bill.
Senate Bill 1228. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1229. Madam Secretary, please read the bill.
Senate Bill 1229. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Duffy, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.
18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 I would like to welcome today John Dawson, who is one of our small business owners here in Illinois and help provide eight out of ten jobs. He’s the owner of Dawson Builders in Barrington, Illinois. I’d like to give him a warm Senate welcome.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to the Senate, Mr. Dawson. Thanks for coming today. Senator Trotter, on Senate Bill 1230. Madam Secretary, please read the bill.
Senate Bill 1230. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1231. Madam Secretary, please read the bill.
Senate Bill 1231. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1232. Madam Secretary, please read the bill.
Senate Bill 1232. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1233. Madam Secretary, please read the bill.
Senate Bill 1233. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1235 -- 4. I’m sorry. 1234. Madam Secretary, please read the bill.
Senate Bill 1234. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Risinger, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point, Senator.
I have my son, Chad Risinger, on the Floor with me this morning. I hope the Assembly can give him a warm welcome.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to the Senate, Chad. Welcome. Thanks for being 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 here today. Senator Trotter, on Senate Bill 1235. Madam Secretary, please read the bill.
Senate Bill 1235. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1236. Madam Secretary, please read the bill.
Senate Bill 1236. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1237. Madam Secretary, please read the bill.
Senate Bill 1237. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1238. Madam Secretary, please read the bill.
Senate Bill 1238. (Secretary reads title of bill) 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Trotter, on Senate Bill 1239. Madam Secretary, please read the bill.
Senate Bill 1239. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) We’re going to the Order of House Bills 2nd Reading, so be prepared for your amendment. This will be the last time going through House Bills 2nd Reading. Again, if you’re not on the Floor, come on the Floor. This will be our last time. Turning to the top of page -- I’m sorry, bottom of the page 76, House Bills 2nd Reading. Senator Brady, on House Bill 50. Madam Secretary, please read the bill.
House Bill 50. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Martinez, on House Bill 153. Madam Secretary, please read the bill.
House Bill 153. (Secretary reads title of bill) 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Haine, on House Bill 182. Madam Secretary, please read the bill.
House Bill 182. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Have there been any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon, to explain the amendment.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The amendment to House Bill 182 clarifies the language and the original intent of the bill. It has been agreed to by all the stakeholders, or I -- at least by the advocate - by Senator Haine, as the chief sponsor - and by the -- the National Rifle Association that is the lead proponent of the bill. I’d move for its adoption.
PRESIDING OFFICER: (SENATOR CLAYBORNE) All those in -- is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments?
23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Lightford, on House Bill 436. Oh! I’m sorry. A.J. Wilhelmi, on House Bill -- out of the record. Senator Lightford, on House Bill 436. Madam Secretary, please read the -- the bill.
House Bill 436. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Have there been any amendments approved for consideration - - Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state -- state the amendment -- tell us about the amendment.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Floor Amendment No. 1 basically defines some areas that were of concern to the committee. I met with a representative from DCEO and Department of Corrections, the House sponsor, House staff, Senate staff, a member from the State Treasurer’s Department, and we tried to come up with the strongest language that we could to define this loan program. It creates the Ex- Offender Fund with the Department of Commerce and Economic Opportunity. It would establish an ex-offender business ownership grant and loan program. It would award grants to 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 community organizations so then they could oversee the -- the finances as the follow-up and also provide the guidance and mentoring that the individual need, and it -- it orders a grant that a qualified ex-offender must also apply and provide fifty percent of the cost to develop the business plan. So we have that person also investing in this opportunity. Again, it’s a loan for five thousand dollars. It’s DCEO. It’s permissive, to alleviate possible audit concerns. And it’s -- it’s able -- we’re able to receive funds from the Second Chance Act of 2007 from the federal government, so it’s not using any State dollars to implement this program. I’ll be happy to answer questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you, Senator Lightford. Could -- could we -- there’s a lot of conversations. Can you please hold your conversations down? Thank you. Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Syverson, on House Bill 441. Madam Secretary, please read the bill.
House Bill 441. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 3rd Reading. Senator Martinez, on House Bill 470. Madam Secretary, please read the bill.
House Bill 470. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please explain the -- the amendment, Senator Martinez.
Thank you, Mr. President and Members of the Senate. The -- Floor Amendment No. 2 becomes the bill and it just reinserts two liquor code exemption in Chicago. And I’ll be happy to discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Thank you. All -- is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved -- approved for consideration?
Floor Amendment 3, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter, to explain the amendment.
26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 I wish to adopt the amendment. Floor Amendment 3 amends this House bill by providing a fourth liquor -- liquor code exemption, which will provide an exemption for a -- a restaurant in my district, Maxim’s, that sells food and liquor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senate -- Senator Martinez, on House Bill 489. Madam Secretary, please read the bill.
House Bill 489. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Martinez, to explain the amendment.
Thank you, Mr. President and Members of the Senate. Floor Amendment No. 2 deletes the bill -- deletes all and becomes the bill and I’ll be happy to discuss it on 3rd Reading. 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR CLAYBORNE) All -- is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Syverson, on House Bill 798. Out of the record. Senator Delgado, on House Bill 917. Out of the record. We will have leave of the Body to come back to House Bill 1142. Senator Collins, on House Bill 1195. Madam Secretary, please read the bill.
House Bill 1195. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any further Floor amendments -- are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Senator Garrett, on House Bill 2325. Out of the record. Senator Muñoz, on House Bill 2652. Senator Muñoz. Senator Muñoz. Out of the record. Turning to page -- top of page 78. House Bill 3641. Senator Bomke. Madam Secretary, please read the bill. 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
House Bill 3641. (Secretary reads title of bill) No committee -- 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Bomke.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please explain your amendment.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. The -- Senate Amendment 1 simply would -- would require the provider to get a federal waiver or the provider to receive a designation as a federally qualified healthcare center, a FQHC, or FQHC Look-Alike. Be happy to answer any questions, and if there are none, I appreciate a favorable vote. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor will say… Senator Hunter, for what purpose do you seek recognition?
Question for the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The sponsor indicates he will yield.
Senator Bomke, what is your intentions of this bill -- for this bill? 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR CLAYBORNE) I’m sorry. Senator Bomke.
Thank you, Mr. President. My intent is to move the bill, move it to the House. I know it needs some further work. We’re hopeful that once we get it there that it could come back in a - - in a form that would be acceptable to the General Assembly, Senator Hunter.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter.
Yesterday, in committee, you talked about a conference committee. So, are you somewhere near that or where are you on that?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bomke.
I -- I believe procedurally we would have to move it out of the Senate. It would go to the House to -- to adopt the amendment and then go to a conference committee -- or come back in the form of a conference committee report.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter.
Okay. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. We will have leave of the Body to return to House Bill 3854. Moving on to House Bill 4021. Senator Garrett. Senator Garrett. Madam Secretary, please read the bill.
House Bill 4021. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Emil Jones.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jones, to explain the -- the bill -- the amendment.
Floor Amendment 2 for House Bill 4021 requires owners of community water systems to maintain all -- requires owners/operators of community water systems to maintain all records related to operation of the community water system - to maintain for a minimum of ten years. This bill requires the Illinois Environmental Protection Agency to provide a public notice within two days of determining that groundwater contamination poses a threat to the public. Further, the owner/operator -- community water system must send a copy of the notice, by first-class mail, e-mail, in form approved by IEPA to 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 all registered property owners connected to the affected community water system. This bill establishes civil penalties for notices violations and criminal penalties for persons who knowingly make a false material statement.
PRESIDING OFFICER: (SENATOR CLAYBORNE) That’s Floor Amendment No. 1, correct? Senator -- Senator Jones.
We want to pick up Floor Amendment No. 2. I thought it…
PRESIDING OFFICER: (SENATOR CLAYBORNE) So that is Floor Amendment No. 2. Floor Amendment No. 1 is withdrawn. Senator Jones, to explain Floor Amendment No. 2.
Basically, it’s the same thing, Mr. President. But requires owner of community water system to maintain all records related to the operation of community water system for a minimum of ten years. It also requires that owners of community water system must send a copy -- notice by first-class mail, e-mail, or in a form approved by IEPA for all residents and property owners connected to the affected community water systems.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Madam Secretary -- Senator Holmes, on House 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Bill 4122. Out of the record. Senator Lightford in the Chair.
PRESIDING OFFICER: (SENATOR LIGHTFORD) With leave of the Body, we will return to House Bills 2nd Reading on page 77. Senator Clayborne, do you wish to proceed? He indicates that he does. Madam Secretary, please read the bill.
House Bill 1142. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.
Thank you, Madam President. 1142 -- the amendment provides that the Department of Public Health may suspend, revoke or refuse to grant approval to a manufacturer who failed to comply with applicable laws pertaining to modular homes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Is there any further Floor amendments approved for consideration?
No further amendments reported. 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. On the top of page 78, House Bills 2nd Reading. Senator Clayborne, on House Amendment -- House Bill 3854. Do you wish to proceed? Indicates he does. Madam Secretary, please read the bill.
House Bill 3854. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Energy adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne, on Floor Amendment 2.
Thank you. The amendment -- amendment creates a commission tasked with issuing a one-time report to the General Assembly on issues related to carbon capture and sequestration legislation.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 3rd Reading. With leave of the Body, we will be returning to page 18. Page 18. Senate Bills 3rd Reading. Senator Link, on Senate Bill 451. Senator Link, on Senate Bill 451? He indicates he wish to proceed. Senator Link seeks leave of the Body to return House Bill 451 -- Senate Bill, excuse me, 451 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 451. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link. Senator Link.
Thank you, Madam President. This is the trailer bill for Senate Bill 801. Amends the Cigarette Tax Act. Be more than happy to answer questions on the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 451. Senator Link, do you wish to proceed? He indicates that he does. Madam Secretary, please read the bill.
Senate Bill 451. 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Link.
Thank you, Madam President. As I indicated, this is the trailer bill for Senate Bill 801, which we passed last Session, with the -- the Cigarette Tax Act. It’s a agreed-upon bill between all parties, including the Department of Revenue, the Retail Merchants, and so forth. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 451 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, please take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 451, having received the required constitutional majority, is declared passed. Senator Clayborne in the Chair.
PRESIDING OFFICER: (SENATOR CLAYBORNE) We’re going to the Order of House Bills 3rd Reading on page 74, starting with House Bill 3970. Senator Kotowski. Madam Secretary, please read the bill.
House Bill 3970. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Kotowski, to explain the bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Committee {sic} Amendment No. 1 to House Bill 3970 amends the Department of Veterans Affairs Act by allowing the Department of Veterans’ Affairs to manage implementation of a program which limits the program which pays qualifying veterans services organization .1 {sic} dollar per dollar of benefits which the organization obtained on behalf of Illinois veterans.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3970 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Yea, none voting Nay, none voting Present. House Bill 3970, having received the required constitutional majority, is declared passed. Senator Kotowski, on House Bill 3971. Madam Secretary, please read the bill.
House Bill 3971. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Kotowski, to explain the bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3971 expands the area covered in the foreign trade zone Section of the Illinois International Port District 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Act to include Area A. It also -- it provides special customs procedures to U.S. plants engaged in international trade activities and helps offset custom advantages available to overseas producers who compete with domestic industry. I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Dahl, for what purpose you seek recognition?
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield.
Thank you. Senator, can -- can you draw us a -- kind of a picture of what area this is going to take in?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Kotowski.
Absolutely. It begins at the point of intersection of the Cook County DuPage County line and York Road, then north along York Road to its intersection with Touhy Avenue, then east along Touhy Avenue to its intersection with Northwest Tollway, then southeast along the Northwest Tollway to its intersection with Lee Street, then south along Lee Street to Higgins Road, then south and east along Higgins Road to its intersection with Mannheim Road, then south along Mannheim Road to its intersection with Irving Park Road, then west along Irving Park Road to its intersection with the Cook County DuPage County line, then north and west along the county line to the point of 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 beginning. Did you get that, sir?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dahl.
Thank you, Mr. President. As a -- as a matter of fact, I did. Being from outside the area, I spent many, many years up there driving a truck in that area. So this area actually takes in a lot of -- a lot of area that is not within the boundaries of the airport itself, and -- and there’s a lot of existing businesses and warehouses and things that are within the scope of this. Is -- is this going to be a -- a burden on the State with the revenues that are coming in now what they are? Are we going to lose tax money on this, Senator?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Kotowski.
Thank you for your question, Senator Dahl. I -- I don’t believe that it is. The -- I -- the premise of this is it helps to offset custom advantages available to overseas producers who compete with the domestic industry. And essentially -- and I know you’re already aware of this, and just for the purposes of the Body, these foreign trade zones were created in the United States to provide special customs procedures to U.S. plants engaged in international trade-related activities. And the duty-free treatment is accorded items that are processed in foreign trade zones, then re-exported, and duty payment is deferred on items until they are brought out of the foreign trade zone for sale in the U.S. market.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Dahl.
Thank you, Mr. President. Thank you, Senator, for that explanation. This bill passed out of committee unanimously and I -- I think we’re okay. Urge -- a good bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, the question is, shall House Bill 3971 pass. All those in favor will vote Aye. Opposed will vote Nay. Voting -- the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 58 voting Yea, 1 voting Nay, none voting Present. House Bill 3971, having received the required constitutional majority, is declared passed. I want to make an announcement. All Members are -- all -- a reminder to all Members: You have until 5 p.m. this evening to turn in -- into the Secretary of the Senate your Agreed Bill List form indicating any bills that you want to be recorded as voting No or Present. It is our intention to go to the Order of House Bill 3rd Reading Agreed Bills List sometime this evening after 5 p.m. Thank you. House Bill 3974. Senator Delgado. Madam Secretary, please read the bill.
House Bill 3974. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Delgado, to the bill.
Thank you, Mr. President, Members of the Senate. 3974, 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 House Bill, with -- as passed by the House, establishes a nine- member advisory council on youth HIV/AIDS within the Department of Public Health, consisting of one member each of the General Assembly appointed by the four legislative Leaders and five appointed by the Governor. The council’s duty is to advise the Department of Public Health concerning effective prevention messages to educate and deter our youth from engaging in risky behaviors that could lead to the transmission of HIV and AIDS. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3974 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 3974, having received the required constitutional majority, is declared passed. Senator Righter, on House Bill 3981. Out of the record. Senator Meeks, on House Bill 3982. Madam Secretary, please read the -- read the bill.
House Bill 3982. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Meeks, to the bill.
Thank you so much, Mr. President. This is a bill that was passed last year by Senator -- President John Cullerton. It’s an initiative of ISBE and it amends the School Code and the 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Illinois Vehicle Code. And it removes a provision in the School Code that allows a school district to transport not more than fifteen students to sports activities. What we’re doing is that we’re asking school districts, rather than transporting students in those small vans, to transport them in a larger white bus.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3982 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 51 voting Yea, 3 voting Nay, none voting Present. House Bill 3982, having received the required constitutional majority, is declared passed. Senator Hutchinson, for what purpose are you seeking recognition?
Thank you, Mr. President. I’d just like the record to reflect that on that last bill I intended to vote Aye.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The record will so reflect, Senator Hutchinson. Senator Harmon, on -- on House Bill 3986. Out of the record. Going to the top of page 75. Senator Harmon, on House Bill 3987. Out of the record. Senator Collins, on House Bill 3990. Madam Secretary, read the bill.
House Bill 3990. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Collins, to the bill. 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3990 is legislation -- is the result of findings of the Local Food, Farms, and Jobs Task Force. The goal of 3990 is to support Illinois farmers in every rural and urban community growing the farm and food products that Illinois people use. We know that currently ninety-five percent of the food we eat in Illinois is imported from outside of the State. The Local Food, Farms, and Jobs Act of 2009 helps to ensure that in the next several years this percentage will be drastically reduced. One -- among the things that the legislation puts forth, it establishes goals…
PRESIDING OFFICER: (SENATOR CLAYBORNE) Could you please hold the noise down? Please -- please hold the noise down. Thank you, Senator Collins.
Among the initiatives that the Act proposes is establish goals for the production, promotion and consumption of local food in Illinois. And it also establishes the Local Food, Farms and Jobs Council to oversee the implementation of the goals set forth in the Act, including to assist local farm and food entrepreneurs. It also works with various agencies to coordinate interagency policies, initiatives, and procedures promoting local food/farm products in Illinois communities. I’m open for any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jones, for what purpose do you seek -- is there any discussion? Senator Jones, for what purpose do you seek recognition? 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) To the bill, Senator Jones.
Thank you, Mr. President. On this -- this legislation came through the -- the Ag Committee and -- and, quite frankly, I opposed it in Ag Committee and I’m -- I’m probably going to vote Present on it today. My concerns is, is that this is a thirty- five-member board. And, quite frankly, my experience of -- of dealing with boards and serving on boards, when you’ve got thirty-five people trying to get their heads together and try to come to a conclusion, it’s pretty difficult. The other thing that concerns me is, is -- I think, in the future, as we move forward with this, is we’re going to have a group coming to us wanting grants and -- and the like and try to fund this project as we move forward, and -- and we all know what kind of shape we are in the State of Illinois. So, I’m going to rise in -- in opposition of the bill today. But that’s my two reasons for voting against it.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, the question is, shall House Bill 3990 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, 1 voting Nay, none voting Present. House Bill 3990, having received the required constitutional majority, is declared passed. Senator Haine, for what purpose do you seek recognition? 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
To correct the record, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point.
Senator Maloney intended to vote me Yes on -- on House Bill 3971. Inadvertently, he voted me No.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Record will so reflect.
So -- and I wouldn’t want Senator Kotowski to think that the Grim Reaper was abroad on the Senate Floor voting against his bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Record will so reflect, Senator Haine. Senator Steans, on House Bill 3991. Madam Secretary, please read the bill.
House Bill 3991. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Steans, to explain the bill.
Thank you, Mr. President, Members of the Senate. As -- House Bill 3991 requires the Director of the State Police to deny an application of a FOID Card or to seize and revoke the existing FOID Card of someone who’s subject to an existing order of protection. It also gives more expanded authority to the courts to allow it to order the surrender and safekeeping of a 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 FOID Card and addresses the disposition of unclaimed and unreturnable firearms at the expiration period of safekeeping.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3991 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 54 voting Yea, none voting Nay, none voting Present. House Bill 3991, having received the required constitutional majority, is declared passed. House Bill 3994. Senator Sullivan. Madam Secretary, read the bill. I’m sorry. Senator -- Senator Sullivan seeks leave of the Body to return House Bill to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3994. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sullivan, to explain the bill.
Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sullivan, to explain the amendment.
Thank you, Mr. President. The amendment simply creates the Stretcher Van Licensure Fund within the State treasury.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? All those in favor will say -- seeing none, all those in favor will say Aye. Opposed, Nay. 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Now on the Order of 3rd Reading, House Bill 3994. Senator Sullivan. …Secretary, please read the bill.
House Bill 3994. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sullivan, to explain the bill.
Thank you, Mr. President. House Bill 3994 gives the Department of Public Health the authority and the responsibility to conduct certain functions in relations to stretcher van providers who provide non-emergency medical transportation in the State of Illinois. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 3994 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 3994, having received the required constitutional majority, is declared passed. House Bill 4011. Senator -- Senator Raoul seeks leave of the Body to return House 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Bill 4011 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 4011. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 3, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain.
Thank you, Mr. President. Floor Amendment 3 removes Habitat for Humanity -- an exemption for Habitat for Humanity from the regulation of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Rutherford, for what purpose you seek recognition?
Thank -- thank you, Mr. President. To ask the sponsor a question.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield, Senator Rutherford.
Thank you, Mr. President. Senator Raoul, we had talked about this in committee and the underlying legislation did have in it a provision unto which we would have exempted Habitat for Humanity to the mandates of this legislation. But during that time, the agency has gone back and queried the federal government, and because of an interpretation or ruling from the federal government, it was their position that we did not have the ability to exempt Habitat. And so what your amendment is doing is to rectify it so that it will be in compliance of what 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 the federal needs are, even though our desire would have been to exempted Habitat. Am I correct, Senator?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
Stated better than I could have stated it.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Rutherford. Any further discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. 3rd Reading. On the -- on the Order of 3rd Reading, Senator Raoul, to explain the bill. Oh, I’m sorry. Madam Secretary, please read the bill.
House Bill 4011. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul, to explain the bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 4011 sets the authority and framework necessary for the State’s participation with the Nationwide Mortgaging {sic} (Mortgage) Licensing System and Registry in compliance with federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 by including additional regulations of residential mortgage companies and mortgage loan originators. In one amendment, we did originally exempt the banking industry, as well as Habitat for Humanity. However, as indicated by Senator Rutherford, in our most recent amendment, we unexempted 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Habitat for Humanity to be in compliance with the feds. I urge your support.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4011 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, 1 voting Present. House Bill 4011, having received the required constitutional majority, is declared passed. House Bill 4027. Senator Sandoval. Madam Secretary, please read the bill.
House Bill 4027. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval, to explain the bill.
Thank you, Mr. President, Members of the Illinois Senate. House Bill 4027 passed unanimously in the House. And this bill proposes pushing the deadlines of reporting agencies to CMS from October 30th to July 31st and the deadline for subsequent reporting to the General Assembly to -- December 31st to October 31st; State property management report due to the General Assembly. I ask a favorable vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4027 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 wish? Have all voted who wish? Have all voted who wish? Take the record. There are 55 voting Yea, none voting Nay, 2 voting Present. House Bill 4027, having received the required constitutional majority, is declared passed. Senator Sandoval, for what purpose do you seek recognition?
Mr. President, in the passion of the moment, I forgot to vote my switch. I’d like to be recorded on the record as voting Yea for my bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The record will so reflect. Senator Duffy, for what purpose do you seek recognition?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point, Senator Duffy.
Thank you, Mr. President. Sitting behind me in the gallery is St. Anne’s Catholic School from Barrington, the whole seventh grade class, along with my daughter, Abby Duffy, and her outstanding teachers, Bob Olsen, Helen Gardner and Lisa Torrence. Can you please welcome the St. Anne’s class?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to the Senate. Thanks for coming. Hope you all have a great day. Senator Frerichs, on House Bill 4030. Madam Secretary, please read the bill.
House Bill 4030. (Secretary reads title of bill) 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Frerichs, to explain the bill.
Thank you, Mr. President. House Bill 4030 amends the Motor Fuel and Petroleum Standards Act to require that all biodiesel with a numerical value of B100 that is sold in Illinois must conform to ASTM D6751 Standard Specifications for Biodiesel Fuel Blend Stock for Middle Distillate Fuels.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall -- shall House Bill 4030 pass. All those in favor will say Aye. Opposed -- I’m sorry, all those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Madam Secretary, take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 4030, having received the required constitutional majority, is declared passed. Senator Hultgren seeks leave of the Body to return House Bill 4048… I’m sorry, Madam Secretary. Out of the record. Senator Harmon, on House Bill 4051. Madam Secretary, please read the bill.
House Bill 4051. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Harmon, to explain the bill.
52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 4051 amends both the Local Records Act and the Election Code to clarify that in -- in disposing of election records, the Local Records Act retention rules trump the Election Code. I’m not aware of any opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4051 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 57 voting Yea, none voting Nay, none voting Present. House Bill 4051, having received the required constitutional majority, is declared passed. Senator Silverstein, on House Bill 4066. Madam Secretary, please read the bill.
House Bill 4066. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Silverstein, to explain the bill.
Thank you, Mr. President. This expands the offense of a -- theft of communication services where the defendant at the time of theft is in pre-detainee -- a pre-trial detainee at a penal institute.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 shall House Bill 4066 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, none voting Nay, none voting Present. House Bill 4066, having received the required constitutional majority, is declared passed. Senator Link. I’m sorry. Senator Link, on House Bill 4078. Out of the record. Senator Harmon, on House Bill 4088. Out of the record. Turning to the top of page 76. Senator Demuzio, on House Bill -- Bill 4099. Senator Demuzio seeks leave of the Body to return House Bill 4099 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 4099. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio, to explain Floor Amendment No. 2.
Yes. Thank you, Mr. President and Members of the Assembly. Floor Amendment No. 2 requires any State agency that has received a notice from the Comptroller’s Office on the delinquency or inadequacy of their reported financial information to respond within seven days and to -- and to provide that response to the Governor and Legislative Leaders of both Chambers.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor will vote Aye. I mean, all -- all those in favor will say Aye. 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Opposed, Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Madam Secretary, please read the bill.
House Bill 4099. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Demuzio, to explain the bill.
Yes. Thank you, Mr. President. House Bill 4099, as introduced, amends the State Comptroller’s Act by requiring the Office of the Comptroller to publish its comprehensive annual financial report, which is CAFR, within six months after the end of the fiscal year. The bill also requires the Comptroller’s Office to notify the Governor, the Speaker, the Minority Leader of the House, the Senate President, Minority Leader of the Senate and make notice on the official website if there is any delay in their report. What has happened is that some of the State agencies have been negligent in reporting and getting the information to the Comptroller’s Office. What this does is to require them to respond to the Comptroller’s Office with -- and the Comptroller’s Office will take notice, publish it on the Internet, and give notice to them to -- to do so.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Is there any discussion? Seeing none, the question is, shall House Bill 4099 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 4099, having received the required constitutional majority, is declared passed. Senator Kotowski, on House Bill 4120. Madam Secretary, please read the bill.
House Bill 4120. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Kotowski, to explain the bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Committee Amendment No. 1 to House Bill 4120 reduces the length of time a taxing district can abate property taxes on previously vacant properties from five years to two years.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4120 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, none voting Nay, none voting Present. House Bill 4120, having received the required constitutional majority, is declared passed. Senator Delgado, on House Bill 4124. Out of the record. Senator Hultgren, on House Bill 4173. Madam Secretary, 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 please read the bill.
House Bill 4173. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hultgren, to explain the bill.
Thank you very much. We have done some work in recent years of -- with expansive technology of protecting people from unauthorized videotaping. This just clarifies that when there’s a camera set up, but the recording device is actually someplace else and is transmitted, that that also would be -- fit under the statute that we’ve got. No opposition to this. I’ll be happy to answer any questions. Otherwise, would ask for the Body’s support. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4173 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 4173, having received the required constitutional majority, is declared passed. Senator Hunter, on House Bill 4186. Madam Secretary, please read the bill.
House Bill 4186. (Secretary reads title of bill) 3rd Reading of the bill. 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter, to explain the bill.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 4186 creates a new Act creating the -- the 21st Century Workforce Development Fund. And basically what it does is promote the State’s interests in the creation and maintenance of a diverse and skilled workforce for economic development around the State, especially in energy efficiency and renewable energy industries, and to provide competitive grants to eligible entities. And I’ll ask for a favorable vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4186 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 55 voting Yea, none voting Nay, none voting Present. House Bill 4186, having received the required constitutional majority, is declared passed. Senator Sullivan, on House Bill 4205. Madam Secretary, please read the bill.
House Bill 4205. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sullivan, to explain the bill.
Thank you, Mr. President. Has the amendment been adopted? Thank you. Okay. I understand that it has. Thank you. It -- 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 the -- the -- House Bill 4205 amends the Service Member’s Employment Tenure Act by requiring the Office of the Attorney General to establish and maintain a toll-free hotline that would -- to give information and referrals to persons calling the hot wire -- hotline inquiring about their rights. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4205 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, none voting Nay, none voting Present. House Bill 4205, having received the required constitutional majority, is declared passed. Senator Viverito, for what purpose do you seek recognition? Senator Viverito, for what purpose do you seek recognition? House Bill 4223. Senator Luechtefeld. Madam Secretary, please read the bill.
House Bill 4223. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Luechtefeld, to explain the bill.
Thank you, Mr. President, Members of the Senate. House Bill -- 4223 makes recommendations in regard to radon testing in schools and the process for handling radon testing, whom to contact and what instructions to follow. This bill basically 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 doesn’t require schools to -- to do this at all. It recommends that they do it. I think this is a bill that -- I’m not real sure that we really understand the effects of radon and the full effects of radon. And many times we don’t even know that it’s in the building. This, I think, brings awareness to that. And, you know, again, it recommends - it does not require - schools, for instance, to be tested every five years. It also recommends that new schools being built should be resistant to -- to -- to new construction against radon. I would be glad to answer any questions that you might have.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4223 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 59 voting Yea, none voting Nay, none voting Present. House Bill 4223, having received the required constitutional majority, is declared passed. Senator Sullivan, on House Bill 4236. Madam Secretary, please read the bill.
House Bill 4236. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sullivan, to explain the bill.
Thank you, Mr. President. The bill amends the Department of Veterans Affairs Act by eliminating a provision which requires the Department to make maintenance charges first and to 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 the fullest -- extent possible from income sources other than the resident’s pension or any compensation paid by the United States Department of Veterans Affairs.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 4236 pass. All those in favor, vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Yea, none voting Nay, none voting Present. House Bill 4236, having received the required constitutional majority, is declared passed. With leave of the Body, we will return to House Bill 4251. Senator Bond, on House Bill 4318. Out of the record. We’re going to the Order of House Bill 3rd Readings on page 63. Senator Dahl, do you wish to proceed? House Bill 9. Madam Secretary, please read the bill.
House Bill 9. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dahl, to explain the bill.
Thank you, Mr. President, Members of the -- Members of the Senate. House Bill 9 is identical to Senate Bill 1535 that we passed out of here with regards to Reflex Sympathetic Dystrophy Syndrome Education Program.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dahl, I’m sorry. I -- I was just informed you have 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 an amendment. Senator Dahl leeks seave {sic} of the Body to return House Bill 9 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 9. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Dahl.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dahl, to explain the amendment.
Thank you, Mr. President. The amendment adds lawyers, judges, and arbitrators to the list of professionals that are in the bill. I’ll -- I’ll explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. On the Order of 3rd Reading, Madam Secretary, please read the bill.
House Bill 9. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dahl, to explain the bill. 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Thank you, Mr. President. House Bill 9 is identical to Senate Bill 1535 that is over on the House side. It requires the Department of Public Health to establish a Reflex Sympathetic Dystrophy Syndrome Education Program to promote awareness to the syndrome -- of early detection, diagnosis and treatment in this -- in this disease. It’s extremely important that we get education for this disease, ‘cause there is, at the present time, very little knowledge as to what this serious disease does. It -- it’s a devastating disease with chronic pain/conditions that can be associated with a simple injury such as a sprained ankle or -- or surgery. And the pain continues after the injury has healed and never goes away, out of proportion to severity of the injury, and it gets worse with time, rather than better. Because there is no cure, treatment is aimed at relieving painful symptoms. And doctors aren’t sure what causes this. This disease was brought to my attention about two years ago by a lady from Streator named Bea Danko, who is suffering from this. And -- and as we speak, she is in the hospital and has this syndrome throughout her body one hundred percent. So it’s extremely important that we get the education out there for -- not only for -- for the victims, but also for the legislators and -- and the lawyers and doctors and arbitrators that work with worker’s comp where there’s a big issue with this. I’d appreciate a Yes vote. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 9 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, none voting Nay, none voting Present. House Bill 9, having received the required constitutional majority, is declared passed. Top of page 64. Senator Steans, on House Bill 43. Madam Secretary, please read the bill.
House Bill 43. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans, to explain the bill.
Ah, yes. And Members of -- thank you, Mr. President, Members of the Senate. We did see this bill once before. I took it out of the record to take a look at whether or not we could do a pilot program here. And I’m back to take it to a vote on the Floor now. This bill holds that where -- traffic signals are not in place, vehicles must stop and yield to a pedestrian in a crosswalk. I did look into the option of making this a pilot program in just Cook County and have rejected that as a possibility. It really is a statewide problem. Of all the pedestrians killed in Illinois, sixty-two of them were downstate, sixty-one in Chicago suburbs, forty-nine in Chicago. Concern very much being that if we make different rules in different part of the State, it’s a lot more confusion for both communicating it to drivers and on implementation for the police chiefs and the State Police. I -- I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Is there any discussion? Senator Risinger, for what purpose do you seek recognition?
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR CLAYBORNE) The sponsor indicates she will yield, Senator Risinger.
It was my understanding, whenever this was brought up on the Floor before, you -- you had indicated that you would amend the bill or look at it. What -- what did you do with that?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.
I’m sorry. I did just speak to that. I did look into making an amendment, potentially to make it a pilot just in Cook County, and, for several reasons, did not do that, because the - - one, it’s a statewide problem. I had not been able to answer the question, where do these deaths occur? They really are statewide. Sixty-two were in downstate, sixty-one in the suburbs, forty-nine in Chicago. Concerned very much that if we make different rules in different part of the State, it’s harder to educate drivers consistently and be more confusing to enforce the rule as well. So I did look into it as we discussed, but did not think it was appropriate.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Risinger.
Yeah. To the bill: I understand where you’re coming from and -- and I really have concerns about rear-end accidents. I 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 also have concerns about when you are in the crosswalk where there’s not a curb, where you have a walk leading up to a crosswalk that may have grass growing in it and so forth. So I probably will not be supporting the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Burzynski, for what purpose do you seek recognition?
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR CLAYBORNE) She indicates she will yield.
Thank you. Senator, I -- I was thinking about this the other day when you had it on the Floor and I was going to ask the question when you took the bill out. But you’ve got -- have a university campus, obviously, in northern Illinois in my district at DeKalb. There are crosswalks on campus that are not at intersections or not at stop signs or stoplights, et cetera. If you’re traveling on that campus on any of those streets at a given time of the day, I -- my -- it’s my understanding, this bill, if somebody -- if I’m in the -- the northbound far lane and someone enters it off of the sidewalk on the southbound lane, I have to stop until that person has cleared the intersection. Is that correct?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.
Yes. And I think that’s a very good -- I -- I think we 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 have a lot more clarification now. I think, right now, it’s that you’re supposed to yield and stop if somebody’s there. Now, we’re just saying stop. So, this is just making it a lot clearer on what the rule is for the driver.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Burzynski.
Well, I -- I find that very interesting for a couple of different reasons. First of all, if any of you have ever driven on a campus and they’ve got a crosswalk or even if they don’t have a crosswalk, it is very difficult to cross that street even if you’ve got students that are in the southbound lane, for instance, and you’re headed northbound. So, now, you’re going to not only have a situation where you have to stop, you’re going to tie up traffic possibly backing up behind you for blocks, because it’s going to be difficult to get across those intersections once a student enters a cross section -- or a crosswalk, because once one does it, another one will do it and another one will do it and another one will do it. And you’re going to be sitting there forever. And I don’t know that there’s a way to address that, Senator. But I see that as a real problem on our university campuses, for instance.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.
Yeah. No. The -- the intent here is to protect lives. We had six thousand pedestrian hit by car about every year. A hundred and seventy-two of them are -- end up killed and another thousand are seriously injured. This has been on the rise 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 across the State, and I think we just need a lot more clarification now. They already should be yielding. This just makes it clear that they should stop. We have better statewide communication on it and a greater ability for the police to enforce the rule.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Burzynski.
Thank you. Senator, I understand that they should be yielding. I understand there’s a safety issue. I think there’s also, though, a practical response. If someone’s entering a crosswalk sixty feet from me, or forty feet from me, I’m still going to have to stop and wait for that person to clear that crosswalk. And I think that’s going to create more of a problem, such as Senator Risinger talked about with rear-end collisions. I think you’re going to see more traffic blocks that will not allow others to access either way, perhaps, on that busy street. And I think I also have -- the -- the question I have is, at what point will signage be put up to notify people that they must stop? And I think that’s another issue and I don’t know whether the bill addresses that or not. But I see this as creating even more of a burden, the potential for accidents, than perhaps the way that it is now. And certainly, when you’ve got someone forty feet away from you - from myself, for instance, to Senator Hendon - that I’m going to have to wait for that person to clear that intersection, that means that next person that’s forty feet behind them are going to enter that intersection, that crosswalk, as well. So I -- I have a real concern with traffic safety and flow of traffic. 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Maloney, for what purpose do you seek recognition?
To the bill, Mr. President. I’m impressed…
PRESIDING OFFICER: (SENATOR CLAYBORNE) …proceed.
Thank you. I’m impressed with the range and variety of people who are supporting this bill, including AARP, the Metropolitan Planning Council and the Illinois Association of Police Chiefs. Several other states just recently have adopted this legislation. I wouldn’t be surprised if someday we see all states adopt it. What -- the law is unclear right now on exactly what a driver must do. By clarifying the responsibility of the driver, this makes the situation, in my view anyway, easier for the driver and the pedestrians. I appreciate the work the sponsor has done and I would urge a Yes vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard, for what purpose do you seek recognition?
Thank you. If the sponsor would yield for a couple questions, please.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield, Senator Dillard.
Thank you. Senator Steans, I have young children, so I take pedestrian crossing very, very seriously. And every time I take my children to the Lincoln Park Zoo, I remember the 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 crossing where somebody blew through - although there was a stop sign there - blew through and -- and killed somebody on a beautiful Saturday afternoon. I trot out of my house every weekend a “slow children at play” sign, put it out in the middle of my street. So I take this stuff very, very seriously. And I think Senator Cullerton can attest that I take traffic safety - one of his fortes - seriously, as well. Senator Maloney touched on what I want to get into. But other than California, who else has this law now?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.
Just one moment, I know I have the list. We -- District of Columbia, Maryland, Florida, North Carolina, Arkansas, Oregon, Rhode Island, Washington, Nebraska, Minnesota, Hawaii and Connecticut.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
Are most of those states, after California, are they all recent or have they had an experience with this idea?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.
I don’t know when they were all enacted, but I -- I’m not sure of the time frame. But -- but I’ve certainly not been hearing of any concerns from the other states when we were looking into it.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Dillard.
Senator Steans, so how will we educate the drivers in Illinois and all of the millions that come and visit Chicagoland and Springfield and other tourist places that this is the law of our State? How we going to educate these folks?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.
Well, currently, there is -- yeah -- I -- I think, one, education is certainly simplified from a yield if somebody’s present to a just stop if somebody’s present. And I think it’s something that now becomes State law can be part of our driver’s education. And municipalities are certainly welcome to put up signs. There’s not a requirement in here. There’s no mandate here for that, but certainly that’s enabled. I know that some of the police enforcement, when they’re doing it, they do notification in the papers before they’re planning a sting operation on it. So they’re doing a lot of communication, and around when they’re planning to have a sting operation, to help enforce the -- the law.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
So, do -- do you anticipate many sting operations on -- where police - we’re into red lights big time around here now - hang out on corners and try to enforce this? I know they’re doing it in Chicago with -- with the traffic people. But what do you expect the police will do? Will there be sting 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 operations?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.
I don’t know if that would be the plan elsewhere. Perhaps at some of the high intersections where there have been issues, might be spots. But I -- you know, I can’t speak to that; I don’t know if that would be the plan. And -- and, you know, on -- on the education, I think there is a great deal more clarity in this law than without it. And it will be up to the individual municipalities in terms of how they want to go about helping to educate and enforce, as well as I do believe now statewide we have something that’s clearer that we can be doing that with for our driver’s education programs.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Dillard.
…you. And thank you, madam, for your -- your responses. You know, I really have an open mind on this bill. But my colleagues over here have pointed out that this bill still has some -- some issues, including, I believe, there will be rear- end collisions and quasi-chaos, at least until we have a mentality like California. And when you go to California, everybody knows California is different. I don’t mean that as a cut at California, but it’s different. They have different pedestrian laws. I’ve known that since I was eight or nine years old. But I really worry - I live in the real world - about the practical effects of this. And, you know, rush hour, other things, people don’t necessarily always want to stop, but 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 yet the pedestrians are very safe because we do slow down and we yield. Even guys like Senator Millner yield. So, I just live in the real world. I apologize. I hope this bill works out well if it passes for you. But -- I laud the idea, but I just think its enforceability and workability is very difficult. So, I’m not going to vote against the bill. I’m going to vote Present and hope it works well for you if it becomes law. Thanks.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Koehler.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) To the bill, Senator Koehler.
This discussion, I guess, begs the question of what is a crosswalk for? Because when you’re a pedestrian and you step off the curb into a crosswalk, I think it’s reasonable to expect that traffic will somehow yield or be courteous to you in the fact that you want to cross the street, but that’s not the case. I think there’s a area of big confusion here, because we have not really been respectful, I think, enough to those who are pedestrians on our streets. Talk to people that ride bicycles. Talk to even people that ride motorcycles. And if we’re going to create a culture where we’re more sensitive and -- and concerned about the needs of others, then I think we have to start by this law. Because I think that the -- the -- the expectation of the pedestrian is that if I step off the curb into a marked crosswalk that some unit of government has painted 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 on the street that that should mean something, because right now it doesn’t. I support this bill and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Any further discussion? Seeing none, the question is, shall House Bill 43 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 27 voting Yea, 21 voting Nay, 7 voting Present. House Bill 43, not having received the required constitutional majority, is declared failed. Senator Steans, for what purpose do you seek recognition?
Yeah. Can I put it on postponement, please?
PRESIDING OFFICER: (SENATOR CLAYBORNE) That is in order, Senator Steans. It will be placed on the Order of Postponed Consideration. Senator Hutchinson, on House Bill 52. Madam Secretary, please read the bill.
House Bill 52. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson, to explain the bill.
Thank you, Mr. President, Members of the Senate. House Bill 52 amends the Illinois Vehicle Code. It deletes provisions requiring that a veteran be one-hundred-percent disabled and eligible for the purchase of a vehicle by the federal government in order to qualify for a disabled veteran’s license plate. It 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 replaces the deleted provisions with provisions requiring that the veteran hold proof of a service-connected disability from the United States Department of Veterans Affairs and that a licensed physician, physician assistant, or advanced practice nurse has certified that the veteran qualified for issuance of registration plates or decals to a person with disabilities. This is Secretary of State suggested language, and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Rutherford, for what purpose do you seek recognition?
Thank you, Mr. President. For a question of the sponsor, if I may.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield, Senator Rutherford.
Thank you, Mr. President. Senator, just to clarify, this does not create a new specialty license plate. This just puts into place a different set of guidelines for an existing specialty license plate. Am I correct?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.
Yes. Thank you for that clarification. It does not create. All this does is -- we’re uncoupling from a federal requirement which will allow us to have our own standard for a plate that exists already, so we don’t unintentionally leave out some qualified vets. 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Rutherford. Any further discussion? Seeing none, the question is, shall House Bill 52 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On the question, there are 58 voting Yea, none voting Nay, none voting Present. House Bill 52, having received the required constitutional majority, is declared passed. Senator Sandoval seeks leave of the Body to return House Bill 71 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 71. Madam Secretary, are there any Floor amendments approved for consideration?
Floor Amendment 1, offered by Senator Syverson.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval, to explain the -- the amendment.
Thank you, Mr. President. I’d like to yield to my colleague on the other side of the aisle, Senator Syverson, to explain the amendment.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson, to explain the amendment.
Thank you, Mr. President, Members of the Committee {sic}. First, I would like to thank my friend, Senator Sandoval, for sitting down and working with us. We had a number of meetings over the last few days to address the issue of -- of the texting while driving legislation. The end result was this amendment 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 which deals specifically with the texting issue. And we define that as typing in or communicating with a device or texting. This legislation -- this amendment then would ban texting while your car is -- is in movement. The amendment also goes on to say that you are allowed on the side of the road to be able to do the other things. If you need to do texting or cell phones or do other things, you can do that on the side of the road. And the third component is, if your vehicle is stopped, in park or in neutral, due to an incident - let’s say if there was an accident or there is a train - and you are parked there for a period of time, that you are allowed to use your texting during that -- during that stop to be able to better communicate at that point. So I think this addresses a number of the concerns that were raised by the Members of this Chamber. And, again, I appreciate the Senator allowing this amendment to be offered.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it. Senator Raoul. I’m sorry.
Question to the amendment. I want to be sure, ‘cause there -- he said it alleviated some of the concerns raised during the debate and I had a concern as to whether or not it alleviates the concern of an individual looking at an electronic communication, such as a GPS, that may be on the same device that could be used for texting, whether -- whether the amendment alleviated that -- that concern. Not while you’re stopped, while you’re still moving. Does the amendment say you can look at the GPS, the electronic communication from your GPS, while the car is moving? You won’t -- you won’t be stopped? 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
Yes, Senator. In fact, to address those concerns, you will still be allowed to use your phone; you’ll be allowed to use your GPS; you’ll be allowed to use your I-PASS. One of the issues with -- the nice thing is with texting - addresses some of the concerns, I think, that were raised by Senator Meeks - if a person is stopped, because the officer doesn’t know if you’re looking at GPS or if you’re texting, but now if you’re stopped and the officer says you were texting, you have a defense. You can easily show him the phone and show that there was no texting activity, that you were using it as a GPS. So GPS is allowed to be used. iPod is allowed to be used. This only deals with texting only. So, GPS is allowed to be used.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
So, your contention is that with this amendment an individual would be able to demonstrate to the police officer that they weren’t texting by showing them the phone? Now, I have my device right here. I can be texting, like right now, the police officer stops me. There’s enough time for me to get off the text and go to my GPS device and say, “Hey, I wasn’t texting. I was using the GPS device.” I think the -- the most important concern is, how the heck is a police officer going to know from another vehicle whether you’re looking at a GPS device or whether you’re texting? I know an officer is going to be able to see what you look like and utilize this or the previous 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 bill as to whether you yielded or stopped to make a determination about who they may and who they -- they may not want to stop. I don’t think this amendment does anything for the -- for the real concern raised by Senator Meeks in the last debate. I don’t want to speak for Senator Meeks, but I don’t think there’s much amending you can do to this bill to make -- to improve it.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
To respond to my colleague. I agree with you that there are -- what we’re trying to do is get -- this was legislation that was moving forward that -- Jesse White’s -- one of his initiatives. We are trying to make this bill as -- as -- as amenable as possible. And so -- by tightening this language, that was the end goal. It certainly is not perfect by any means, but at least it is better than where we were. And there is some defense that a person can look at that text history or show a text history to say, “Look it, I wasn’t texting. Here’s my text history. You can see that I was not texting during that time.” That at least is a potential of some history. But, clearly, not a perfect bill and doesn’t fully address that issue, but I think this bill is a -- significantly better than where we -- where we were. And, again, I want to thank the Senator for helping work with us on this amendment.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Millner.
Thank -- thank you, Mr. President. I rise in support of 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 the bill and I just want to just give you a couple of reasons why. What we’re trying to do here is minimize the distracted driving. That’s the bottom line to this. You know, many people ask me, “Hey, is it okay to drive and text?” If this becomes law, I can say, “No, it’s not okay to drive and text.” And you know what? That’ll prevent many people from doing it. In regards to the Senator’s comment about am I using the GPS, am I using the text, here’s the deal: If I’m the police officer and I see somebody driving like a knucklehead and they’re weaving all over and their phone’s like this and they’re doing this, I’m going to stop ‘em, whether they’re using the GPS or they’re texting or whatever it is, and I’m going to ask ‘em, “Were you just texting?” And most of the time - you know what they do? - believe this or not, they tell the truth - most of the time. They’ll say, “Yeah. I was texting.” Oh, okay. Now, I have a choice, can I write the ticket or not? If they lie to me and say, “No, I was just using my GPS”, well, then they lied to me. At least they got stopped. They know they got stopped and they know why they got stopped. So right there that’s somewhat of a consequence to that person and maybe they better pay attention when they’re driving. We are trying to prevent distracted driving. That’s the bottom line to this whole thing. And it’s as simple as that, no more, no less. Will people get away from claiming they weren’t texting or not? Yeah, of course they will. But it’ll get more people. It’ll create an awareness that we -- we sorely need today. We need people to pay attention to their driving more so than they do to their texting. I ask you all for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Murphy.
To the amendment, Mr. President. I -- I rise in support of the amendment. I sat in on the meetings with Senator Syverson and Senator Sandoval and I appreciate Senator Sandoval’s work on this and his willingness to -- to try and address the concerns that have been raised to the extent he feels he can without completely compromising the bill. This didn’t go quite as far as I would have liked it to. I -- I think there would have been a little more latitude for those of us in more densely populated areas - that if you were going under five miles an hour, you couldn’t be ticketed. We didn’t get that, but I think it’s important to note that significant efforts were undertaken by the sponsor to address the concerns. I think this bill is more narrowly tailored to address the threat of texting while driving than the original version was. And on balance, I think that the final product deserves our support. So I’d urge an Aye vote on the amendment and then on the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Seeing no further discussion, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The Ayes have it, and the amendment is adopted. Are there any further amendments?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. On the Order of 3rd Reading, Mr. Secretary, please read the bill.
House Bill 71. 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval, to explain the bill.
Thank you, Mr. President, Members of the Illinois Senate. Like to take this time to thank Members on the opposite side of the aisle and Senator Syverson and Senator Murphy. We spent a number of hours over the last couple of days trying to refine and alleviate the concerns that were brought up in the debate on this specific bill just a few days ago. The amendment speaks for itself. It’s a very commonsense approach in regards to whether or not you’re -- when you’re on the side of the road or when you’re stuck in traffic or the use of the -- your GPS on the iPhone. This amendment that basically is the bill resolves all the concerns that were brought up in the last debate. It’s a very commonsense approach. I also want to thank Secretary White, but I also want to thank my House sponsor, Representative John D’Amico, who worked -- who worked day and night to pass legislation that -- that protects our streets, protects our roads on the State of Illinois. It’s a very simple message: You cannot text while you’re driving on the roads of Illinois. There isn’t a price you can put on the lives that this bill will save. And I ask your favorable vote. Once again, Illinois becomes precedent-setting in protecting the lives of the people of Illinois on the roads.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Raoul.
82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Question for the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield. Senator Raoul.
Yeah. I was just told a few moments ago that my concerns with regards to if you’re reading a -- an electronic message, which would be any electronic message from a GPS device on your phone, is addressed with regards to the amendments. Can you point -- I -- I’ve tried to go through both of the amendments that are on the computer and I -- I haven’t found anything in there that says -- says that that is the case. Can you point me to the line in the bill and -- that -- that -- that says that?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval.
In the amendment, we remove the language that solely reflected the use of a totally dedicated GPS system. That language has been removed and replaced with new language that is broader in definition.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
Does the bill say that reading or sending an electronic message is prohibited?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval.
I will refer you to the line 14 of the amendment -- of the original bill where it says, “but does not include a global 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 positioning system or navigation system when the system is used exclusively for navigation purposes”.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
Okay. Now, we’ve taken care of GPS. I’m curious as to what the weather is going to be in the town next door and I point -- I -- I push on the -- on the weather device of my -- of my handheld. Is there anything in the bill that prevents that or -- or any of the other applications, which are not burdensome applications, which would not detract me -- distract me from my driving, which I wouldn’t be texting on, but I’d still be receiving an electronic message? It -- you indicated that this is simply targeted towards prohibiting texting. I think that that specific language could be put in the bill. That texting is prohibited by driving. Sometimes we like to put broad language, saying -- saying, as the bill reads, reading or sending a message, instead of saying texting, instead of saying pushing the keys to send a message, which is -- which is the activity you’re trying to prohibit. But the -- the -- the reality is, in -- in addition to GPS, there are a lot of other things that can be prohibited. Is -- is there anything to -- to -- to -- to exempt those things?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval.
You know, this is a first step in protecting the roads of Illinois by banning texting, Senator Raoul. I’m more than happy to work with you in the future months, in the future years, to 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 further improve this ban on text messaging. You know, as technology changes every single day, we, as legislators, have to come back to this great Chamber to try to pass laws and amendments that address those issues. This is a very commonsense approach to banning text messages, and it is what it is.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Raoul.
To the bill: I actually admire what my colleague is trying to do, and I -- I -- I agree with Senator Millner that the message needs to be sent. I -- I despise drivers that text while they drive. What happens is, they end up veering into other lanes. However, we have laws on the books that say -- that talk to improper lane usage. Sometimes they accelerate too fast or accelerate too slow, but we have laws on the books with regards to appropriate speeds that a driver must travel. I think that we are in the process -- and I -- I don’t want to lay it all on this bill, because I think that this sponsor is trying to do the right thing. I think the Secretary of State is trying to do the right thing with the intent of this bill. But we are in the process on a everyday basis - and I’d like to caution my colleagues to pay attention to the many bills we are passing - we’re creating -- we’re expanding the law enforcement powers without paying attention, thinking that, okay, it makes sense to just expand the law enforcement powers. You know, I see one of my colleagues from -- from the House of Representatives on the Floor who’s working a bill to make sure that anybody who’s arrested, whether -- whether or not they are innocent or not, 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 gets their DNA collected; where -- there are those who want to expand the law enforcement powers of the State’s Attorney’s Office to -- to -- to be able to wiretap without the approval of a judge. We want to just keep on expanding and expanding and expanding these powers without caution, because, you know, it seems like it makes sense. I know that that -- that that’s not what you’re advocating for in this bill, but I caution you that we have a racial profiling task force that has been delayed in meeting and this is going to be an added issue. This is going - - the previous bill that suggested that we stop -- that law enforcement officers should be stopping people because they didn’t come to a complete stop - they may have yielded in a manner that made it safe for a pedestrian, but they didn’t come to a complete stop - so that -- that gives you a license to stop somebody. That somebody may be looking at a handheld device - that gives you a license to stop somebody. That -- that is an invitation for abuse. And I think an appropriate vote for this bill is a No vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Meeks, for what purpose do you seek recognition?
To the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) …Senator Meeks.
Thank you so much, Mr. President. I understand what the gentleman is also attempting to do in the area of public safety. I have a main concern and it’s the same one that I raised last time, and that is, how is it that a police will know whether or 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 not you’re making a phone call? Everybody here - and I started to call everybody’s name so everybody could be on the record and say that their name was used in debate and get up and talk, but we’ll be here too long - every individual in this Chamber has made a phone call while driving. There is not one individual in the Chamber, unless they don’t have a cell phone, who has not made a telephone call while they were driving. Policeman’s behind you, he sees you making a phone call, he pulls you over under this bill. You have to explain to the officer, “Oh, no, I was making a phone call. I was not texting.” Now, the officer has a right, “Let me see your phone. Let me look at your messages.” I haven’t been satisfied. I don’t think the amendment satisfies me. I don’t think anything can help determine that. You use the same keys in making a phone call as you do in sending a text. And I don’t think we’ve worked it out yet. And that is why I won’t be supporting the gentleman’s bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson, for what purpose you seek recognition?
Thank you, Mr. President. To the bill: Again, this, I don’t believe, is a perfect bill and there’s never going to be a perfect way to -- to address some of the concerns that were raised. That’s why we tried to tighten up the language to specifically use terms like “composing”, which clearly shows that you are concentrating and -- and -- and writing messages, which takes a lot more concentration than pushing a cell phone recall or looking at your window to look for directions. But one other part we forgot to mention is - in this legislation 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 that actually gives more safeguards is - the issue we talked about - which I didn’t realize - you know, what we have taught - - that I have taught my children, if you need to be making phone calls, if you need to be texting to somebody, I want you to pull off the side of the road, where you can concentrate on texting or concentrate on making your phone call. Current law - and most people don’t realize it - current law does not allow you to do that. Current law says that - if you’ve taught your child to pull off the side of the road to make that phone call - that is illegal. This legislation changes that. And I appreciate the Senator adding that language that now allows an individual, your children, to go off on the side of the road and make that text, make that phone call, change your GPS, that you can do that off on the side of the road. Current law does not allow that. This legislation now will allow you to teach your children that it’s okay to pull off of the road to be able to conduct that business. So, that is something that actually is broadening what’s currently out there in legislation. I want to make sure that was mentioned in this -- in this discussion. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs, for what purpose do you seek recognition?
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates he will yield.
Senator, what is the -- the penalty for people who are found texting while driving?
PRESIDING OFFICER: (SENATOR CLAYBORNE) 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Sandoval.
It’s -- it’s considered a moving violation, Senator.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
What -- what is the penalty for putting on your makeup? Maybe -- you don’t do that. Or applying -- shaving? What is the crime of eating while driving? I mean, the fact is, Senator, these are distractions. Everybody is distracted, and when we drive, it is inappropriate. But to make it a law seems to be a bridge too far.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval.
I have no rebuttal, Senator.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
I would just close by thanking you for a good suggestion. But I believe at this moment that we have more important things to deal with, such as the economy in Illinois. We’re twiddling our thumbs with issues that are nice to do and not need to do. And we need to work on things that are important like the economy, building roads in your district, fifty-five/forty-five.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Silverstein, for what purpose do you seek recognition?
89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 To speak to the bill, Mr. President. You know…
PRESIDING OFFICER: (SENATOR CLAYBORNE) You may proceed.
We always act after the fact in this -- in this Chamber and the next Chamber. And it’s always my experience that a terrible tragedy has to happen and then we introduce a piece of legislation to prevent it in the future. Senator Sandoval’s act -- being proactive here. This bill is intended to save lives and to prevent accidents - clear and simple. Yes, I know there’s a -- a little debate over here, but let’s look at the overall picture, the totality of the circumstances here, Ladies and Gentlemen. God forbid this should happen to any one of our constituents or our families. We’re trying to be proactive. Yes, it’s not the greatest bill, but we all -- look, we’re all guilty of talking on the phone. We’re all guilty of texting. But let’s try to be proactive here once in a while and do something good. I support Senator Sandoval and I’d like to see a lot of green lights and I hope that -- that happens. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Forby.
Thank you. That is good. No, you don’t have to wear a helmet on this bill. So the penalty is just like a speeding ticket then. So if you get caught, three of these, you lose your driver’s license?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval. 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
That’s correct.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Forby.
This is just not another bill about money, is it? You know, in this -- in this Chamber here, I mean, I voted on some red lights things. If I could have my votes back, I would not vote on them again. And here we are again, it’s all about money. You’re thinking it’s all about safety. Well, take the penalties off of it then. Just do a fine. I urge a vote No -- a No vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hendon. Leader Hendon.
Thank you, Mr. President. Will -- will my good friend, the sponsor, yield for a question or two?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval.
I’d more than yield for one question from the Leader.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hendon.
May have -- I may have ocho number of questions. Senator, I know what you’re trying to do, but do you want your children - - sometimes a young person can only text. You know, ‘cause they -- momma didn’t pay the bill or whatever. Daddy didn’t pay it all and they can only text. So if a child gets an emergency 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 text message/sends you an emergency text message, do you want your child to pull over in every neighborhood, in any neighborhood - Senator Syverson, this is for you, too - any neighborhood in the State of Illinois? Aren’t there some neighborhoods where you really don’t want your child to pull over?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval.
Senator Hendon, our children are already prohibited from using the phone in the City of Chicago and State of Illinois -- in the State of Illinois.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hendon.
I’m sorry. I know you didn’t say our children are already prohibited from using the phone in the State of Illinois. They can use the phone. My -- my question is, do you want your child to be forced to pull over in every neighborhood in the State of Illinois? Are there any neighborhoods where your child is best off just to keep driving? And you don’t need any help from any Rep, you know, we got to see them on Wednesday. So you certainly don’t need no help from no Rep. You’re a bright and intelligent man. I’m sure you can answer that question. Do you want your child to be forced to…
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- Senator Hendon.
Do you want your child to be forced to pull over, or do you 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 want to be -- do you want to be forced to pull over in every neighborhood in the State of Illinois?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sandoval.
Senator, currently all children under nineteen are prohibited from driving and using a cell phone.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hendon.
Well, let me direct my question to the -- to Senator Syverson then, since my good friend won’t answer it. Do you want an adult to be forced to pull over if they get an emergency text message in every neighborhood in the State of Illinois? Or are there some neighborhoods where your child, or you, Senator Syverson -- because I’m just going to be honest with you, you may be able to pull over in every neighborhood in Rockford, but there are some neighborhoods in Senator Sandoval’s community that you might not want to pull over in.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
I don’t have any House members with me to help me answer that question. But, Senator, I don’t know of -- of any cell phone contract that if a person gets a text that they don’t have the ability to respond by being able to make a phone call. Again, this is not a perfect bill. What we’re trying to take is a -- what was the original bill and address the area of people that you and I see that are driving down the highways, and we’re 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 not talking about a residential street, we’re talking about people who are driving on the highways, sitting there concentrating and writing texts, swerving back and forth. That’s the intent of this, not people who are in -- in a -- in a neighborhood driving. But the goal is to address those who are -- are really on the highway situation. Again, young people are already banned from using that. So, I don’t know how many cases where a person will get a text and they’re in that type of a neighborhood that they have to pull off right then and there and respond via text. If there is, I guess that would be a -- a concern.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hendon. There’s a -- a request for leave of the Body by WICS 20 and WICS. Seeing no objection, leave will be granted to videotape. Senator Lightford.
Mr. President, I’d just like to move the previous question if it has not been moved. I believe we’ve been on this bill long enough. Thank you.
PRESIDING OFFICER: (SENATOR CLAYBORNE) There were no further speakers, Senator Lightford. Senator Sandoval, to close.
Once again, I’d like to thank Members on the opposite side of the aisle. I’d like to thank Senators Syverson and Murphy for their support in cleaning up some of the language and some of the inconsistencies. We’ve worked very arduously with both sides of the aisle to make this a precedent-setting bill. My final closing message is to all the Members in the Illinois 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senate: Say no to texting. Say yes to lives. Say yes to children, seniors, and to working families. I ask an Aye vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The question is, shall House Bill 71 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the question -- take the record. I’m sorry. On that question, there are 45 voting Yea, 6 voting Nay, 7 voting Present. House Bill 71, having received the required constitutional majority, is declared passed. Senator Haine, for what purpose do you seek recognition?
Mr. President, to correct the record on a bill that we talked about it seems like three hours ago - Senate {sic} Bill 52. While I was voting Senator Maloney, I forgot to vote myself. So I’d like to be reflected as a Yes vote on that disabled veterans’ bill. And we’re going to get our act together, Mr. President, here.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The record will so reflect. Senator Righter, for what purpose do you seek recognition?
Inquiry of the Chair, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR CLAYBORNE) State your inquiry.
Our system on this side of the aisle, Mr. President, indicates that the sponsor, after giving an impassioned defense of the bill, an impassioned plea at the end to vote for the 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 bill, chose not to vote on the bill. Can you confirm whether or not that’s true?
PRESIDING OFFICER: (SENATOR CLAYBORNE) I was told that was true. House Bill 72. Senator Althoff. Madam {sic} Secretary, please read the bill.
House Bill 72. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff, to explain the bill.
Thank you, Mr. President. I certainly hope the Chambers will be kinder and gentler to this bill than they were to the prior one. This, too, is an initiative from the Distracted Driving Task Force, which was created by Secretary of State White. It prohibits motor vehicle operators from using cell phones in a school speed zone, highway construction or maintenance speed zone. This of course exempts your hand-free devices. So, I would look for an Aye vote. The Secretary of State supports the initiative, as does the Illinois State Police.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- is there any discussion? Senator Raoul.
I rise in strong support of this bill. I think we should be banning cell phone use and -- and any electronic device used in vehicles wherever it is. So I rise in strong support of the -- the Member’s bill. 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any further discussion? Senator Syverson.
Now I’m concerned we are going too far. I apologize for the one just before this. Couple questions of the sponsor. Just can you take -- in looking at this. This would ban the use of a cell phone in a construction zone regardless of what -- what speed that a person is going at, or in a -- in a school zone, is that with or without students present at the time?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
This legislation would prohibit the use of a cell phone regardless of the speed in a construction zone and, yes, regardless of whether children were present or not present.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
This would also prohibit in a construction zone whether workers are present or not present in -- in the work zone?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
And I apologize. I misspoke. This is -- only prohibits cell phone uses in school zones when children are present and on school days.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson.
97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Then the question was, work zones whether there are workers present or not workers present. And again, on the school zone issue, when you are approaching a school zone or if you’re turning on the street and you just happen to turn on the street where the school zone begins, does that mean that’s -- obviously it would mean as -- as soon as you cross that line, whether you knew you were approaching a school zone or not. But let’s go back to the construction zone. Is that with or without workers present?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
Thank you. Yes, it is with or without the presence of the workers. It is illegal, or it would be illegal to use your cell phone in those construction zones. And I think there’s been a huge amount of discussion in this Chamber recently with regard to the technicalities of -- of the legislation. And I think that those are valid arguments, but I also truly believe that we have brilliant police/law enforcement officers that know how to enforce the legislation that we’re passing. They understand the intent. The intent of this legislation is to try and keep as many of our schoolchildren and our workers as safe as possible. And, again, regardless of speed of movement or not, the intent - - the underlying intent of the legislation is to do everything that we can to educate individuals who are driving cars, trucks, motor vehicles of the dangers of being distracted while they’re using a cell phone.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Syverson. 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Part of the frustration we have is, when we drive on highways today, and we’ve all been faced with that, you have pylons that are sitting out there that says, “Work Zone Beginning”, and it’ll go for ten, fifteen miles and there is no work being done. There are no workers to be seen. The -- they put these up because at some point they’re going to start some work at some point in the future. There is clearly no workers present. It is on the highway and really becomes a problem. And I -- and I think the idea of having cameras sitting out there, hitting people who are driving on divided highways, just because there’s a work zone sign that there -- is there, clearly exceeds what the original intent was about work zones when there were workers present, like was done when we originally passed the legislation. The other concern is, even in the school zones, are we talking about vehicles that are -- are -- are parked in the zone as well, or does the vehicle have to be moving in that school zone?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
With -- with regard to the construction zone question, Senator, the -- the sign is actually the sign that says “Speed Limit Construction Zone starting”, not -- not those warning signs that you see perhaps several miles out. It’s actually the construction zone in and of itself that references the reduced speed, if you’ll recall that legislation that we also passed not too long ago.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Syverson.
I guess those are the ones that many of us are referring to, where those signs have been up, like in our area, where they’re up literally for months upon months and there is no work being done. There may have been some work at some point, but there is no work being done and those signs are just there. And it -- again, it becomes a -- it becomes a problem in those areas that we’re not talking about while workers are present, for example. And we already have reduced speed which is the purpose of trying to address that issue. But, again, I think this is clearly becoming a more problem, because we’re not talking about texting. We just addressed the texting problem in work zones and school zones. I think taking the cell phone away, especially on divided highways where there’s no workers present, clearly is -- is going much further than what is necessary.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
Thank you very much, Mr. President. Senator, again, going back to one question, let me point out that you must be operating a vehicle for this law to apply. So, if you are parked in a school zone, this -- you are obviously exempted. Number two, we exempt hand-held -- or, handless units. So if you have -- if you’re using your earpiece or if you have one of those wonderful Bluetooth devices in your car now. So it -- this is a hand-held piece of legislation. You -- so you have other options when you’re in your car in a construction zone. And I guess it’s counterintuitive to me that you would 100 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 understand, regardless of workers are present or not present, you’re going to reduce your speed, but you’re not -- also going to be required not to use a cell phone unless it’s a hand -- handless unit.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen, for what purpose do you seek recognition?
Thank you, Mr. President. I certainly respect the good intentions of this bill, and one of the sponsor’s many best qualities is her practical common sense, but a question for the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield, Senator Lauzen.
Senator, is this -- is this going to be soccer mom friendly when you consider that at many of our schools, especially the high schools, if -- if I -- if my eyes have witnessed it properly, there’s long lines of cars either in the morning or in the evening coming to pick up students and they’re -- they’re moving, so it’s not a parked vehicle, and a mom or a dad is on the phone calling in, you know, “sweetheart, get out to the car”, or, you know, the van. Is this going to apply in the school zone to those cases?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
The legislation requires that it would be prohibited to use a hand-held cell phone in a school zone. And I think it’s extraordinarily soccer mom friendly in light of the fact that 101 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 every single soccer mom I know who has a child certainly wants that child to be safe regardless of where the child is located, but particularly while they’re at school.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Lauzen.
Thank you very much, Senator. Actually, the practical side of this - and there are many of us who don’t get the latest technology; we have a hard enough time managing our -- our own cell phone, which is going off right now. - but it’s -- it’s just going to eliminate the coordination function that you use a cell phone for as you’re picking up kids. So, I would suggest a No vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Cronin, for what purpose do you seek recognition?
To the bill, if I may. You know, these issues obviously have engaged us here because they affect our lives and we all have personal experience with it. With all due respect to the speaker -- or, the sponsor, this is kind of silly. I mean, it’s all about impairment. It’s all about impairment. That’s the common thread here. Whether you’re eating lunch or you’re putting makeup on, or you’re texting, or you’re talking on the phone, it’s all about impairment. So every time there’s a new technology, a new gadget - I -- I guess it will keep us all in business down here - but we’ll have a new proposal, a new law to prohibit, I don’t know, school zones. What about in front of Soldier Field? What about museums? What about shopping malls? I mean, with all due respect, this is not the way to make 102 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 policy. The way to make policy is to find the common behavior, the common bad act that we’re trying to get at and not address every single circumstance that may lead to that bad act. So, what we really should be doing is talk about impairment of driving. You know, whether you’re using -- whatever you’re using, if you cannot maintain your vehicle in your lane or you cannot maintain the proper speed or you’re not yielding, then you should be ticketed and fined accordingly, on top of whatever the -- I mean, that’s what we should be doing here. So with all due respect, I know these task forces are kind of fun and you think up all these different ideas and you go out to lunch, and you come back and you draft some bills and it keeps everybody in business here, but the point is that we’re going after impairment. So I’d ask the task force to go back to work, think about the behavior that is the -- the root of the problem, not the circumstances that lead to it. Let’s be a little bit more economical about how we draft the laws and, you know, come back with a bill that talks about impaired driving. I urge a No vote.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Leader Hendon.
Thank you, Mr. President. I just have a few questions for my good friend. I think we’re dating -- we’re aging ourselves in this building. I have a fourteen-year-old. I go to pick her up at school. There is a line, Senator. You cannot get a parking space. There is a line of cars of parents trying to find their teenage daughters and sons. Are you telling me now that I will not be able to call my daughter and say, “I’m 103 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 outside, where are ya?” - if I’m not parked? Is that what you’re saying here?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
No, Senator. That is not what I’m saying. What I’m saying is, is that you won’t be able to have a cell phone in your hand. You can make a call, but you would do it wirelessly.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hendon.
Senator Althoff, you do understand that everyone does not have the wireless connector for their phone? And I -- I’m telling you, in the real world, everybody, this is what happens: You go to get your child out of school. You may not have the wireless, but want your baby, because you don’t want them wandering around. You don’t want the little fast-talking boys to get ‘em around the corner or back ‘em up in the locker room or anything like that, so you want to reach your baby. But you can’t park because all the parking spaces are taken, because there are other parents like you trying to get their child. Senator Althoff, will you at least allow us to call our child as long as the vehicle is standing still?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
I -- I would look and tell you that, in this legislation, it says that you must be operating a vehicle.
PRESIDING OFFICER: (SENATOR CLAYBORNE) 104 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Hendon.
Well, Senator, we already had that discussion about what operating a vehicle means. It’s really up to the individual police officer. So I was just trying to get it clear from you, because this happens to me all the time when I’m trying to get my daughter and the -- the school is crowded. There are parents all up and down the street, double-parked, triple-parked, trying to get their baby, because they’re safer with me than they are with them fast boys. You know? I’m trying to get her. So I’m just asking you for the ability to call my daughter and say, where you -- “where are you?” Because, remember, they can’t turn their phones on until school is over. So when she gets out at 3:10, I want to hear from my baby, ‘cause I know what happens out here in the street. I was in high school at one time. I was kind of tough, you know, a little bad. If I could talk to some girl, you know, I would try it. So, what allows us to reach our children to get ‘em out of those situations right after school? And I think you should give us that opportunity. I will be voting with you, but I think, for the record, you should at least allow us to double-park and pick up our child.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
It -- it’s amazing that the City of Chicago has had legislation -- an ordinance in place for quite some time that prohibits the use of cells phones unless they are, again, wireless. So I am going to stand here in front of this Body and say that if millions of parents in the City of Chicago can learn 105 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 not to use a cell phone and find other means in which to contact their children, we in the whole State of Illinois can do the same.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hendon.
…Althoff, you know I -- I love you. I -- I live in the City of Chicago. So despite what Mayor Daley has put down, I’m telling you, this is what happens in the real world. Parents pull up, they make that call. City of Chicago, Whitney Young, Andrew Jackson, City of Chicago. And if you’re a smart parent, you better try to get your baby immediately, because there’s so much trouble out here in the street. They’re shooting at the schools. It’s crazy. At my daughter’s school, which was one of the finest schools in the City of Chicago, they had to shut the school down because of a shooting outside the school. So, when 9/11 happened, I had to call my children on their cell phone when I picked them up from school in the school zone. So, please don’t base it on what the City of Chicago does, because right now a parking meter in the City of Chicago costs you twenty-five cents for three minutes. Two tickets you get the boot. We know what the City of Chicago is all about. It’s about revenue, revenue, revenue, and to hell with the citizens. So please don’t use the City of Chicago as your example.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
Thank you, Senator. It’s just a good thing that men and women are fighting in Iraq to preserve our freedoms. And I 106 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 would just ask the sponsor, what information do you have that says that wireless telephones are safer than handheld telephones?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
I have no specific information in front of me, Senator, that would indicate that. But this was an accommodation made at a request of committee to try and make those accommodations, because we have become very dependent upon access to our cell phones for messaging purposes.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
What happens if a driver is in a work zone or a school zone and they see a crime? Are they free to pick up their phone and call the police and report the crime?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
Did you -- did you say in a school zone? If they’re parked, they can make that phone {sic}. And again, let me stress, and I know everyone says that not everyone has one, but you can utilize your phone as long as it’s hands-free. We’re not prohibiting the use of the unit.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Jacobs.
You know, I think we understand the point, but I also think 107 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 that it’s important that we recognize that if we didn’t drive at all, we’d be much safer than if we did. And maybe what we should do, Senator, is walk through school zones. Walk through work zones. And we’d all be a lot safer. Agreed?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
The debate on the Floor currently with regard to the use of our cell phones reminds me very much of the debate that went on when we decided to make the use of a seatbelt a primary offense. And we’ve become very accustomed to getting into our cars today and the first action, rather than putting our keys in the ignition, is to ensure that we buckle up for safety. This is very similar to that initiative. And, again, I’m confident that the Members in this Chamber are bright enough to realize that we need to educate our youth to also do every action that they possibly can to be safe and not to use a hand-held cell phone in these very dangerous situations, where schoolchildren and our construction workers are in evidence.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator -- I’m sorry. Senator Sullivan.
Thank you, Mr. President. I have a question of the sponsor.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she will yield.
Senator Althoff, I just want a clarification on wireless. You know, what’s -- is wireless the same as hands-free? And the 108 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 -- and the reason being is that I do not use a wireless, I use a hands-free with something that goes in the air and connects to the phone. Is that considered wireless?
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Althoff.
Yes, Senator. And you are absolutely correct, the -- the term hands-free would be much wiser and smarter. Yes.
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Sullivan. Any further discussion? Seeing none, the question is, shall House Bill 72 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 32 voting Yea, 16 voting Nay, 7 voting Present. House Bill 72, having received the -- required constitutional majority, is declared passed. The Senate -- Senator Sandoval, for what purpose do you seek recognition?
Thank you, Mr. President. I’d like just to go on the record of voting in support of House Bill 71.
PRESIDING OFFICER: (SENATOR CLAYBORNE) The record will so reflect. The Senate will stand in recess to the call of the Chair. Senate will stand in recess to the call of the Chair. We will stand in recess to -- for approximately thirty minutes, Senator Righter. (SENATE STANDS IN RECESS/SENATE RECONVENES) 109 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? We’re going to go to significant Senate action and we’re going to be going at a very quick pace. Madam Secretary, Resolutions.
Senate Resolution 291, offered by Senator Steans {sic} (Hunter). It is substantive.
PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Messages.
A Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 38, together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 to Senate Bill 38. We have received like Messages on Senate Bill 63, with House Amendment 1; Senate Bill 69, with House Amendment 1; Senate Bill 133, with House Amendment 1; Senate Bill 149, with House Amendments 1 and 2; Senate Bill 209, with House Amendment 1; Senate Bill 214, with House Amendment 1; Senate Bill 246, with House Amendment 1; Senate Bill 266, with House Amendments 1 and 2; Senate Bill 2111, with House Amendment 1; Senate Bill 2112, with House Amendments 1 and 2; Senate Bill 2119, with House Amendment 1 and 2; Senate Bill 2217, with House Amendment 110 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 1; Senate Bill 2272, with House Amendment 1; Senate Bill 2277, with House Amendment 1. All passed the House, as amended, May 19th, 2009. Mark Mahoney, Clerk of the House.
PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? Senator Hendon in the Chair. You know that means we’re going to move quickly. If you’re not here to call your bills, I’m going to skip ‘em. Will all Members under the sound of my voice please come to the Senate Floor? Will all administrative assistants please indicate to your Senator -- let them know that we are back on the Senate Floor and moving business at the pace that you requested earlier today. Please turn your Calendar to page 64 of your Calendar. We’re going to start in the middle of page 64. Will all Members under the sound of my voice please come to the Senate Floor? We’re about to call your legislation, Ladies and Gentlemen of the Senate. Let’s call -- they say go ahead and call it; we’re calling it. House Bill 88. Senator Silverstein. House Bill 88. Senator Silverstein. Out of the record. House Bill 170. Senator Garrett. Senator Garrett. Out of the record. Ladies and Gentlemen of the Senate, don’t come bouncing in here after I pass your bill, talking about go back to it. I doubt if I do. House Bill 174. Senator Bond. Senator Bond. Out of the record. House Bill 237. Senator Demuzio. Senator Demuzio. Out of the record. House Bill 241. Senator Rutherford. Madam Secretary, please read the gentleman’s bill, which will most surely pass, ‘cause he’s here. Madam Secretary, read the bill.
111 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 House Bill 241. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Rutherford.
Thank you, Ladies and Gentlemen. It’s the TIF extension for the Village of Downs.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 241 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting Nay, none voting Present. House Bill 241, having received the required constitutional majority, is declared passed. House Bill… House Bill 242. Senator Harmon. Senator Harmon. Madam Secretary, read the bill.
House Bill 242. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 242 amends the Property Tax Extension Limitation Law. In 1994, when the General Assembly adopted the property tax caps, the General Assembly prudently permitted the 112 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 levy lines to grow by the lesser of five percent of the Consumer Price Index. One levy line that was omitted from that was the debt service levy and as a consequence the capacity for local governments to maintain and reissue their debt levels has eroded by approximately forty-one percent. This bill would propose, prospectively only, to put the debt service levy line on the same basis as the other lines and permit it to grow going forward by the lesser of CPI or five percent. It does not make up for any past issues. It’s -- it does not get -- anyone caught up. It simply permits the gradual growth going forward. It would not permit the municipalities to issue new debt without going to referendum. It would simply permit a modest growth in their existing authority. I’m not aware of any opposition, though I know that this is a touchy subject for some.
PRESIDING OFFICER: (SENATOR HENDON) The Chair would appreciate succinct descriptions of your bill and -- succinct questions or comments on bills. Senator Murphy.
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Indicates he will yield for a few. Senator Murphy.
I -- I -- I appreciate the concept of equity, trying to balance the -- the debt -- the -- the bond limit with what we did back in ’94 and we’re trying to level this out and give some flexibility to our -- our local taxing units. But I think it -- it was -- it was made clear, and I appreciated your candor in committee, that by lifting that limit, we will increase people’s 113 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 property tax bills going forward by passing this legislation. Is that -- is that an accurate assessment?
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon.
It -- it is, but the order of magnitude is such that I think it’s important to put it into context. One of the advocates, the Metropolitan Water Reclamation District, which has a healthy line item, predicted it would be less than one cent per household in terms of the increase.
PRESIDING OFFICER: (SENATOR HENDON) Senator Murphy, is that it? Senator Murphy.
To the bill, Mr. President. I -- I -- I appreciate the -- the context, but it is still a bill that will increase people’s property taxes. At -- at a time when we’re going through these foreclosures, the statement we’re sending here is, is that people need to dig down deeper, do more to risk losing their homes. I think this would be the wrong step to take at this time, although I fully understand the situation these taxing bodies are in and appreciate the intentions of the sponsor. But I -- I think this warrants a No vote, unless you’re prepared to say that you want to raise property taxes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon, to close.
Thank you, Mr. President. I appreciate Senator Murphy’s deft and gentle touch. I -- I would highlight that we’re -- we’re talking about a nickel or a dime a year most likely, given 114 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 the -- the -- the scale of this. It’s a -- it’s a very modest acknowledgement that the debt service capacity has eroded greatly over the last fifteen years. It does not permit any additional authority; it just permits the continuation of existing authority. And I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate {sic} Bill 242 pass. All those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 35 -- 36 voting Aye, 21 voting Nay, none voting Present. House Bill 242, having received the required constitutional majority, is declared passed. House Bill 255. Senator Harmon. 255. Out of the record. House Bill 261. Senator Jacobs. 261, sir. Madam Secretary, read the gentleman’s bill. Senator Jacobs seeks leave of the Body to return Senate Bill -- House Bill 261 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 261. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 4, offered by Senator Risinger.
PRESIDING OFFICER: (SENATOR HENDON) Senator Risinger, to explain Floor Amendment No. 4.
Thank you, Mr. President. This -- this amendment is added at the -- with the gracious consent of the sponsor. What this does is eliminates the end date so it allows all riverboats to 115 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 take advantage of this possibility of investing in their boat.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all in favor will say Aye. Opposed, say Nay. Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 261. Madam Secretary, read the bill.
House Bill 261. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs.
Thank you, Mr. President. Yeah, Senate {sic} Bill 261 come out of committee seven to zero. I know no -- know of no opposition. I appreciate your support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is -- Senator Dillard.
Thank you, Mr. President. I hope, Senator Jacobs, that this is the first of many tax cuts. I know in a season when we are asking the taxpayers, or at least your side of the aisle, to do more, I get a little nervous when we’re giving our first tax 116 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 relief or tax breaks to riverboats, as opposed to individuals or businesses. And I know you will argue, as you do very well, that riverboats create jobs, but I just want to warn our side of the aisle, here’s our first tax break of this Session that I remember and it’s for riverboats. And I just worry about the perception that’s out there. I don’t have a problem with what Senator Jacobs wants to do, but before we are on this train ride at a hundred and fifty miles an hour here this afternoon, I think you all ought to step back and think about the perception of doing tax breaks for riverboats before we do it for people or other employers like manufacturers in Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Senator Jacobs, to close.
I would just appreciate your positive vote. I would just point out that this is a billion-dollar industry to the State of Illinois. If they were a new industry or an industry that was threatening to leave, we’d be opening our checkbook to give them everything they could have. And I actually believe, by voting for this bill, we’ll actually increase revenue to the local communities. And if we don’t, I’ll certainly come back and change that. Because the fact is, we have to make sure the local communities are taken care of, as well as the State.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 261 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 voting Aye, 13 voting Nay, 1 voting Present. House Bill 261, 117 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 having received the required constitutional majority, is declared passed. House Bill 267. Senator Meeks. We’re going to come back to this one? Madam Secretary, read the gentleman’s bill.
House Bill 267. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This bill simply changes the grace period for registering for an election from fourteen days to seven. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield for a few questions. Senator Righter.
Thank you, Mr. President. Senator Meeks, I guess the first question I would ask is, why?
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
Because, Senator Righter, as we discussed in committee, 118 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 that many times that individuals have not made up their mind as to who they are going to vote for. And we want to give people all the time they need in order to decide who to vote for. Those are very crucial decisions. And so we give people more time to make a decision.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
Thank you -- thank you, Mr. President. Well, Senator Meeks, the -- that’s not the issue presented in this bill. I mean, all of us have gone through a period of time, as registered voters, when we are trying to figure out who to vote for. The question presented here is whether or not to vote at all, whether or not to register to vote. So, why do we want to give yet another grace period? I mean, a few years ago we went from thirty to fourteen. Now -- your original bill went fourteen to same-day voting and then you back that up to seven days. Why are we waiting that long to allow people to register to vote?
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
Because in a democracy, I believe, Senator, that any time an individual moves, change address or just decide, “You know, I was going to sit this process out; I think it’s a stinking process”, and then they decide, “You know what? I think I’d bet not sit it out. I want to vote.” Any time they make up their mind to do that, they should be given the right to register and they should be given the right to vote. 119 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, are you done, sir? Last -- to the bill, sir? Senator Righter.
To the bill, Mr. President, please. Ladies and Gentlemen of the Senate, a few years ago we tried an experiment, under very much the same rationale, that would move from thirty to fourteen days. Now we’re moving to seven days. The sponsor has admitted, both on the Floor and in committee, that he favors same-day registration. The question isn’t whether or not we want people to participate. Because whether you have to register thirty-one days before or fifteen days before, or if this bill come law -- becomes law, eight days before, you get to participate. The question is, are we going to have, one, faith in our ability to fairly administer the elections process? And, yes, I’m talking about fraud. The farther you back up this date, the harder it is for the election’s officials to administer the system. And, two, a much more broader point, and that is, at what point do we say, you know, we’re not going to fashion the system to help people who just woke up to the fact that there’s an election coming up and decide they want to be participants? I don’t think that that’s what we ought to be doing here. We ought to be working on measures to inform voters who are already in the system. They are already engaged, rather than worry about those who are, to say the least, late to the day. I would urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.
120 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He will yield. Senator Luechtefeld.
Senator, would -- would you say that this really puts a burden on election officials? The more you back this up, the more of a burden they have, the more chance there is for fraud? Would you agree with that?
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks.
As a matter of fact, I would not agree with it, because the County Clerks’ Association, they’re for this bill. And I think that many downstate county clerks, they’re all in the association, so they are for this bill. And I don’t think that they would be for a bill that would put the kind of pressure on them that you just alluded to.
PRESIDING OFFICER: (SENATOR HENDON) Senator Luechtefeld.
Well, it does surprise me that they are for the bill. I wasn’t aware of that. I -- it’s -- Senator, you know, I -- I taught school for a long time and -- and I -- and I want to -- I always tried to get my students to participate in the process. But before they participated in the process, it is absolutely important that they know what’s going on. Twenty-five knowledgeable voters are a lot better than a hundred who have no clue what’s going on, as far as our country is concerned in the future. And in most of these cases -- in almost all of these 121 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 cases for people who are going to register that late, they’re being -- they’re maybe being told to register. They’re being pushed by people who want to push them in a certain direction to vote a certain way. And -- and -- and if they really care, they will do what it takes to get there. They will register fourteen days ahead of time. You know, this really becomes a -- a more of a political bill than -- than -- than a bill that’s really trying to help people. We want people to -- who vote to know what’s going on. If they don’t, this country -- this country’s future is not very good. And -- and I think, personally, we have a lot of people who do vote who don’t know what’s going on and who are told this is the way you want to vote. I think this is another mechanism to get that job done. If we don’t have knowledgeable voters, Senator, forget it. We -- we’ve got problems, big-time problems, in the future. So, again, I know that this is likely, with the makeup of this Senate, going to pass, but I don’t think it’s good -- necessarily good for democracy, as you say.
PRESIDING OFFICER: (SENATOR HENDON) Senator Meeks, to close.
Thank you so much, Mr.…
PRESIDING OFFICER: (SENATOR HENDON) I’m sorry. I have one other speaker. Senator Meeks. Senator Meeks.
Yeah. I think that we are inferring that a person who registers in the last seven days is less knowledgeable than a person who registers twenty-one days earlier. And that’s not 122 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 necessarily so. But, no matter when you register, and if you -- if I accept your assumption, the person is not knowledgeable, they still have a right to vote. You have a right to vote if you’re dumb. You have a right to vote if you don’t know what you’re doing. You have a right to vote. And I don’t think we should deprive an individual of his or her right to vote. This is not a Democratic bill. A person could register within seven days and then vote Republican. This is just a good election bill.
PRESIDING OFFICER: (SENATOR HENDON) Briefly, Senator Raoul, and then Senator Kotowski. Senator Raoul.
Thank you. To the bill. You know, over the summer, we’re going to be having some hearings on redistricting, where a lot of people are going to be stepping forth advocating to -- for us to embrace what they do in Iowa. I had the opportunity to go to Iowa last year to do some campaigning. And I happened to be there on election day at a caucus. And guess what? In the great State of Iowa, you can go to the caucus and register on the day to -- to vote on that day. In fact, if you were a -- a Democrat on the day prior to voting, you can go on the day of the caucus and you could switch over to being a Republican on the day of voting. And so, the -- the notion that somebody can’t make a decision within seven days or, in fact, on the day of voting, that they are somehow less informed or misinformed, is -- is inaccurate. I -- I rise in -- in strong support of this vote and urge your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) 123 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Meeks, to close.
Thank you so much, Mr. Chairman {sic}. Let me just simply say that the reason we run commercials all the way up until election day is because we’re trying to persuade voters. We don’t stop running commercials ten days or fifteen days out, thinking that people should already have made up their mind. Commercials are run up until election day and in some cases until the polls are closed. Ten states have same-day voting and I don’t think it’s too much to ask for seven days. So I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 267 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 36 voting Aye, 22 voting Nay, none voting Present. House Bill 267, having received the required constitutional majority, is declared passed. And a reminder to all Members: You have until 5 p.m. this evening to turn into the Secretary of State {sic} your Agreed Bill List form indicating any bills that you want to be recorded as voting No or Present. It is our intention to go to the Order of House Bills 3rd Reading Agreed Bill List sometime this evening. Hopefully before 5 p.m. But at the worst, after 5 p.m. Thank you. Senator Delgado, for what purpose do you seek recognition, sir?
Thank you, Mr. President. I have to go all the way down to the Secretary of State’s Office to turn in my pages, or do you 124 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 mean the Secretary of the Senate? I’m pretty sure you meant our wonderful Secretary of the Senate.
PRESIDING OFFICER: (SENATOR HENDON) I meant the Secretary of the Senate, but since you broke your hand in softball practice yesterday, you can go down to the Secretary of State, ‘cause I can’t use you tomorrow. House Bill 268. Senator Silverstein. 268. Madam Secretary, read the bill.
House Bill 268. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
Thank you, Mr. President. This amends the Election Code. It requires that any paid telephone message that advocates nomination, election, or defeat must be preceded by a statement identifying the organization. We passed something similar to this last…
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 268 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 268, having received the required constitutional majority, is declared passed. House Bill 276. Senator Silverstein. Madam Secretary, 125 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 read the gentleman’s bill.
House -- House Bill 276. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
Thank you, Mr. President. This amends the Administrative Procedure Code. Provides that, unless otherwise specified, a State agency subject to the Act is not exempt from adopting rules pursuant to the Act covering the statements or {sic} general aspects regarding law or policy affecting the…
PRESIDING OFFICER: (SENATOR HENDON) Any discussion? Seeing none, the question is, shall House Bill 276 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 276, having received the required constitutional majority, is declared passed. House Bill 277. Senator Harmon. Out of the record. House Bill 312. Senator Trotter. Out of the record. House Bill 313. Senator Trotter. Out of the record. House Bill 314. Senator Trotter. Out of the record. House Bill 353. Senator Syverson. 353. Madam Secretary, read the gentleman’s bill. Senator Syverson seeks leave of the Body to return House Bill 353 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 126 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 353. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Syverson.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson. Senator Syverson, to describe Amendment No. 1 to House Bill 353. Senator Syverson.
Let’s see. Yes. First, Amendment No. 1, I think, is a technical amendment addressing some issues that were raised by the County of DuPage.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Lauzen.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen. Senator Lauzen, to describe Amendment No. 2. Senator Lauzen will describe…
Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you very much, Mr. President. This includes the Distinguished Flying Cross on a license plate. So, Senator Rutherford… 127 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 353. Madam Secretary, read the gentleman’s bill.
House Bill 353. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Mr. President. This legislation just adds the phone number to the back of the bus that needs to be displayed, as well as the two amendments we previously discussed.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, none voting Nay, none voting Present. House Bill 353, having received the required constitutional majority, is declared passed. House Bill -- Senator Bomke, for what purpose do you seek recognition, sir? House Bill 363. Senator Delgado. 128 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 363, sir. Madam Secretary. Senator Delgado seeks leave of the Body to return House Bill 363 to the Order of 2nd Reading for purpose of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 363. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 2, offered by Senator Delgado.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado, to explain Amendment No. 2.
Yes. Amendment No. 2 - thank you, Mr. President, Members of the Senate - it deletes all and becomes the bill, and I’d like to explain it on 3rd.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 363. Madam Secretary, read the bill.
House Bill 363. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 129 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Delgado.
Thank you, Mr. President, Members of the Senate. Senate {sic} Bill 363, as amended, creates the Chicago Educational Facilities Task Force. The purpose of the task force is to study past Chicago experience and data with respect to school openings, school closings, and other related school facility decisions in the Chicago public schools. The task force is required to prepare final proposed policy and legislative recommendations to be submitted to the General Assembly, the Governor and the school district. And I would ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator, you meant House Bill 363. Is that correct?
Yes. I stand corrected. Touché, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Touché. Senator -- any discussion? Senator Burzynski.
Thank you, Mr. President. Will the speaker -- sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield? Senator Burzynski.
Thank you. You know, Senator, I -- we had a good discussion and debate on this in committee and I appreciate that. I think there are several issues here that people should be aware of. Some of us voted Present on the bill in committee. We’re very concerned about the possibility that this could erode 130 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 the Chicago public schools’ ability to close a school that they deem is necessary to close. We think it takes power away from the school board, the school district, the City. Are they in support of this bill?
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado.
It is my understanding, as -- as recently as yesterday, meeting with a representative of the Chicago School Board, their only concern -- the only -- after -- after numerous meetings, and with Superintendent Huberman in my office as recently as Friday, yesterday I was informed that the only part that is -- that they dislike is that it has legislative recommendations in here. And yet many of this language is mine. The -- it would have been a moratorium. And I suggested that we do not because we have many outraged parents in our communities and we, too, just want to be part of local school councils and other parents involved in the decisions that are impacting their lives.
PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski.
Thank you, Mr. President. Well, to -- to the bill, then, and -- and to that point: I think it is fair to say that they are opposed to the bill in its present form. And I -- I just wanted to point that out. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter.
To the bill, Mr. President. I’d like to commend the 131 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 sponsor of this bill. This is a very good bill. I think it’s going to be very effective. I don’t believe it is going to erode the Chicago public school system. The majority of the schools that have been closed are in my district and most of the time I do not get proper notification, nor does the community does. So this is a good bill and I ask all of my colleagues to support it.
PRESIDING OFFICER: (SENATOR HENDON) Senator Delgado, to close.
Thank you, Mr. President. I would ask for your Aye vote as schools in my district have been closed too.
PRESIDING OFFICER: (SENATOR HENDON) Question is, shall House Bill 363 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting Nay, 5 voting Present. House Bill 363, having received the required constitutional majority, is declared passed. House Bill 372. Senator Schoenberg. Madam Secretary, please read the gentleman’s bill.
House Bill 372. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the 132 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senate. House Bill 372 reinstates the Design-Build Procurement Act for the architect/contractor partnership to provide services at accelerated rate for time-sensitive capital projects, which has a result of limiting change orders. It also ensures that -- from the amendment, that the sunset is July 1, 2014, and that all the entities must comply with the Business Enterprise for Minorities, Females, and Persons with Disability {sic} Act for both design and construction areas of performance. I know of no opposition.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 372 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 372, having received the required constitutional majority, is declared passed. House Bill -- Senator Silverstein, for what purpose do you seek recognition, sir?
Before -- before I do my bill, I’d like a point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
Above the Republicans is the class of Arie Crown Hebrew Day School. I wish we can all give them a warm Senate welcome.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise, be welcomed to the Senate? 133 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Welcome to the Illinois Senate, ye young folks. House Bill 415. Senator Silverstein seeks leave of the Body to return House Bill 415 to the Order of 2nd Reading for purpose of amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 415. Madam Secretary, are there any amendments approved for consideration?
Floor Amendment 1, offered by Senator Silverstein.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
They can see me working here. Floor Amendment 1 deletes the bill. Requires the Department of Healthcare and Family Services to update the nursing component of the MDS, which is the Minimum Data Set methodology.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all those in favor, vote -- say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 415. Madam Secretary, read the bill.
House Bill 415. (Secretary reads title of bill) 3rd Reading of the bill. 134 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
The amendment does what I just told you.
PRESIDING OFFICER: (SENATOR HENDON) Discussion? Senator Righter.
Thank you, Mr. President. Since Senator Silverstein’s constituents are still here, I’d like to ask him a couple questions.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Righter.
Thank you, Mr. President. Senator Silverstein, it’s my understanding from this bill -- and there’s been -- some issue - - concerns raised about the cost. But it’s my understanding that what this bill would do is it would change the Department’s current methodology in counting how many residents are on ventilators in a particular home. Right now, they take a -- a snapshot, if you will, at the end of every quarter, and let’s say if a -- a -- a nursing home facility in your district or my district has eight residents who are on a ventilator at that time, then they reimburse them for eight throughout the quarter. This will require them to do a more detailed count, because, obviously, throughout that quarter they may have had fifteen or they may have had two or whatever. So this would just provide for a more accurate count under the MDS system. Is that a fair characterization of the bill?
PRESIDING OFFICER: (SENATOR HENDON) 135 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Silverstein.
That is correct. Exactly.
PRESIDING OFFICER: (SENATOR HENDON) Anything further? Seeing nothing, the question is, shall House Bill 415 pass. All those in favor, vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 415, having received the required constitutional majority, is declared passed. House Bill 442. Senator Link. Senator Link. Oop! There he goes. Madam Secretary, read the bill.
House Bill 442. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Thank you, Mr. President. I know, I’m right behind that big trophy there. I -- you couldn’t see me. So…
PRESIDING OFFICER: (SENATOR HENDON) Championship trophy, by the way. Senator Link.
Championship trophy. That’s going to be there next year too. This is the bill -- and this -- this is a safety bill, because this is the automated camera law enforcement bill that - - I listened to people and we have amended this bill to only be 136 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 used in school zones, park zones and hospital zones. And it will be for safety and that’s exactly what this is about. And I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Oh! Senator Duffy.
Question for the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
I’m sorry. I didn’t hear the question.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Duffy.
I’m all about making our roads safer for families, Mr. President, but it’s widely known that these cameras are all about revenue and not about safety. The Constitution gives us the right to face our accuser. How is this basic constitutional right being upheld when these cameras accuse, convict and send a penalty to our homes without any recourse except for, I guess, we could pay, you know, a ton of money to get a lawyer to try to defend ourselves for a hundred-dollar ticket?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Well, if you’re -- if you’re making that same accusation, this is the same as what you would say as a parking ticket. How do you defend that, because it’s the same principle you’re using. But I’m saying that this is -- if you’re against safety 137 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 of a school zone, a hospital zone or a park zone, then you’re opposed to the bill. But that’s what this is about. This is not Big Brother watching you. This is about safety in these particular zones. And that’s all this bill is about.
PRESIDING OFFICER: (SENATOR HENDON) Senator Duffy.
I’m sorry. Is it true that the camera companies -- one of the main camera companies, which is from Australia, will make untold millions from these cameras, that some camera companies make between thirty to fifty percent of every ticket that’s issued, and that they have every incentive in the world to issue as many tickets as possible?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
I don’t know what these companies make, because I’m not in the camera business. I’m in the legislative business. These cameras are -- the company is designed to have to go through the local ordinances and they work with the procurement of the city councils or the governing -- governing agencies and they have to have open process with those municipalities, villages or counties to pass this. This is what it’s all about. It’s open government. If they want to do something illegal, that’s up to that local unit of government.
PRESIDING OFFICER: (SENATOR HENDON) Ladies and Gentlemen, Senator Harmon in the Chair, so I can speak on this bill. Senator Harmon in the Chair.
PRESIDING OFFICER: (SENATOR HARMON) 138 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Bomke, for what purpose are you seeking recognition?
Thank you, Mr. Harmon. Question to the sponsor, please.
PRESIDING OFFICER: (SENATOR HARMON) The…
I don’t think he’s done, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) I apologize. The -- the trade-off was an awkward one. Senator Duffy, to continue.
Thank you, Senator. I -- I appreciate that -- that you’re not in the camera business, but, you know, as any good business owner would do, if you’re going to allow these companies and give them the opportunity to put their cameras throughout the State of Illinois, I believe that the State of Illinois should dictate the contracts and not let the camera companies dictate how much money they’re going to make off of the citizens of the State of Illinois. But, is it also true, Senator Link, that these red light cameras -- that these cameras in the school zones and other areas that you’re talking about, they target minority communities? You know, I went to visit my high school last week on the south side of Chicago at 67th and Stony Island, and I couldn’t believe how many of these cameras that I saw, on top of how many Chicago blue light cameras I saw, driving down to the south side of Chicago. And -- and when I had talked with Senator Meeks about this, he was kind enough to share me -- a map that lays out all the areas where these cameras already 139 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 exist. And it’s obvious that these cameras target African- American and Latino communities. Can you tell me, Senator Link, what do you do or what do you have in this bill that guarantees that minority neighborhoods won’t continue to be targeted by cameras like this?
PRESIDING OFFICER: (SENATOR HARMON) Senator Link.
Senator Duffy, I’m so glad you’re concerned about minorities, but I want to clarify something for you. This is not the red light bill. The red light bill is law. These are speed cameras that are going to go in park zones, hospital zones and school zones. They’re going to go in minority districts. They’re going to go in Caucasian districts. They’re going to go in Latino districts. Because there’s schools in all of those districts. There’s hospitals in districts. There’s parks in all of those districts. We want to protect all the children and people in all of those districts no matter what race, creed or ethnic origin they are.
PRESIDING OFFICER: (SENATOR HARMON) Senator Duffy.
This bill actually expands the red light cameras in two counties. So this does expand the red light cameras throughout the State of Illinois. And it’s true -- or is it true, you tell me, that seventy percent of all the tickets issued right now from red light cameras come from people turning right on red? Now, if this was about safety and not about revenue, those areas would put a no turn on right sign instead of keeping it legal to 140 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 turn right on red and putting a camera up to target you. Also, isn’t it true that where these cameras are now located, that accidents have actually increased in some intersections? Because people now are afraid of being caught when they’re turning left -- they’re being afraid of being caught when the light turns to yellow, so they’re jamming on their gas pedal to get out of the intersection before the light turns red and they receive a ticket. Have not accidents increased in some of these intersections?
PRESIDING OFFICER: (SENATOR HARMON) Senator Link.
Thank you. The -- the original House bill had added two counties per their request to be in this district -- in this bill for red lights. The -- the bill now is the camera bill for speed. That’s what this bill’s main content is about. The overall -- I can’t speak for every intersection throughout the entire State of Illinois that these lights are at - the overall percentage of safety has gone down -- or, has increased. The safety has increased with these red lights if you want to talk about those. But the speed cameras have shown that the decline has been over seventy percent of people decreasing their speed in these camera areas. A number of states already have these in their areas. So this is already in existence. It has already shown safety. It has already shown a reduction in speeding.
PRESIDING OFFICER: (SENATOR HARMON) Senator Duffy, you have another question?
To the bill, Mr. President. Thank you very much for your 141 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 patience. You know, these cameras are all about revenue. They’re used like cash station machines. In Schaumburg, they made one million dollars in three months’ time off these cameras. You know, these cameras are a violation of the Sixth Amendment of the United States Constitution that gives us the right to face our accuser. They’re ineffective. They’ve proven inaccurate and they’ve actually caused accidents in intersections where they’re located. They target minority communities and it’s already been proven that they have been abused to a point where it’s unexcusable. So I encourage a No - - a No vote on this bill. And I would also like to move forward and try to repeal all the existing laws that are currently keeping red light cameras operating in Illinois. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Bomke, for what purpose do you rise?
Thank -- thank you, Mr. President. A question to the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he’ll yield.
Senator Link -- oh, he said he wouldn’t? He shook his head no. Senator Link, you indicated that -- or this indicates that this would be in school zones, and as I recall as I’m driving through a school zone, it’s twenty miles an hour when children are present. How -- how defensible is that to -- to myself, who might be going through a school zone? I don’t see any children and I get a ticket from this red light. Now, obviously, if a 142 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 police officer gives me a ticket, clearly he can say there were or there were not schoolchildren present.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link.
Senator Bomke, it’s very clear that, you know, police officers in this State do an outstanding job. And we would like to have a police officer at every one of these school zones, hospital zones and park zones, and we wouldn’t need these cameras. But it’s feasibly impossible to have that many police officers and it’s financially impossible to have police officers at all these locations. But it is possible to have these cameras located at this. And if we could save one life, if we could save one accident of an individual in these zones, we’ve done our job. And that’s what this is all about, is trying to keep this down. And the camera will show if this person was speeding through this zone. And you shouldn’t have to worry about if a child is there in a school zone or not. When you know there’s a school zone, you should be going slow.
PRESIDING OFFICER: (SENATOR HARMON) Senator Bomke.
So what you’re saying, with these cameras, you’re going to have to drive the twenty miles an hour regardless, even though normally there’s a sign that says only when children are present? You could get a ticket at any time, regardless of what the sign says?
PRESIDING OFFICER: (SENATOR HARMON) Senator Link. 143 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
I don’t -- I don’t want to correct you, but I think that what it says is that when -- when the school is in session. So what it would do is, it’s when -- when the period of time of when the kids are in session of this school. So on a Saturday, a Sunday, or after in the evening, this wouldn’t be. And there would be a time that this picture would be taken. And on this camera -- and I’m not an expert on these, but on this camera, would be a date/time stamp on it to show you exactly when this was taking place. So it would show you if it was one o’clock in the afternoon on a Tuesday that -- when these kids were in school. So they would know.
PRESIDING OFFICER: (SENATOR HARMON) Senator Bomke.
Just very quickly. Senator Link, in -- in Springfield, it says when children are present. Now it may, in Chicago, say when the school is in session. So, I -- that -- you know, it’s not real clear when one might get a ticket. And I, you know, would agree that maybe you should drive twenty miles an hour through the speed zone all the time when the school is in session, regardless of whether children are present or not, but the point remains the sign says when children are present, at least here in Springfield. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link.
Well, just to finish up on that, Senator Bomke, these will be well posted that these cameras are there. So, you will know 144 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 these cameras are there also. So, that will alleviate it.
PRESIDING OFFICER: (SENATOR HARMON) Senator Jacobs, for what purpose do you seek recognition?
First, I would like to compliment Senator Duffy. He graduated from Augustana College in my district in Rock Island. And obviously they learn something more than book smarts there. He has some common sense. Today we’re showing that Illinois is clearly the nanny State. We’re going to protect everyone, but only in school zones. I find that interesting. And I would call attention - because we on the Iowa border have these cameras - I would call attention that you can go to cameralocator.com and get a device that will locate the camera, so you don’t have what happened in Arizona. Arizona passed this about three months ago, and in the first two months they passed this, they had sixty cameras put up and they -- they filed a total of forty thousand tickets -- four hundred and one tickets {sic} (40,401) for 6.6 million dollars. The Senator is right. This is about revenue. And, you know, we may need the revenue. I think we do need the revenue. But I would just say that if we’re going to go forward with this, maybe we also ought to have a program that rewards good drivers. So the camera could take pictures of people who do the right thing, write them a nice little personal note. I mean, how far are we going to go? When are we going to start talking about jobs and getting to the real problems in this State? When are we going to talk about the budget? I’ve talked about helping the schoolchildren all I can. Now is the time that we get down to the real tax business of what’s going to happen in this State. And to my Republican 145 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 friends, notice I said tax business.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Jacobs. And I thought you were going to move the previous question. Senator Hendon.
Thank you -- thank you, Mr. President. This is probably one of the most important bills we’re going to deal with this year, because this bill is one of the worst bills we’re going to deal with this year. Now I love the sponsor. I love the sponsor. I love his area. I’ve been up there. I had wonderful times up there. But this has nothing to do with the sponsor. Sponsor was given this bill by some people who only -- only want to gouge the people of the State of Illinois. Gouge. Rob. Stick up. Get their hands in your wallet. Get their hands, both hands, in your purse and take more of your money. It’s not about the safety of the children. And we better be careful here. Because in the City of Chicago and now statewide if they have their way, we’re going to have these cameras everywhere. You can’t text while you’re driving. You can’t pull your car over. You can’t do anything. And now they want to give you more cameras to write you more tickets. And guess what, Ladies and Gentlemen? If you want to appeal, you appeal to the people who stuck you up in the first place. That’s like going to the guy who just robbed your house and say, “At least let me get my color TV back.” This is wrong. I came out of the Chair just to talk about this bill and I want to move quickly, but this is wrong and it’s dangerous. Listen. I read in the -- one of Chicago’s fine newspapers the other day. I don’t know whether it was the Sun-Times or the Tribune. They’re both fine papers - 146 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 at least for today I’ll say that. In the United Kingdom, they have these cameras and they just arrested a lady for making whoopee a little too loud. She’s in court right now, caught on camera, not the -- the picture, but just the noise. The sounds of her and her husband having a nice time and now she’s in court. Do we really want to go that far? Do we really want to go down that slippery slope, Senator Haine? I don’t think so. I don’t think so. But we keep opening up these dangerous doors. Your privacy is going out the door. This is America, remember? Land of the free. Home of the brave. Vote this bill down again.
PRESIDING OFFICER: (SENATOR HARMON) The next contestant on The Newlywed Game is Senator Bivins. What purpose do you rise?
To the bill, Mr. President: I don’t know if I can top that. And that may be too much information too, Senator Hendon. I don’t know. Senator Link, I -- I know you have worked hard on this bill. You’ve tried to answer a lot of questions and -- and satisfy a lot of concerns, and I appreciate that. And I do respect you. I know you’re sincere about -- about your effort in safety. I do have some concerns about the bill. I have concerns like many about the cameras. And one thing that a police officer has that a camera does not have is discretion. A police officer will take in -- into consideration that you may have extraordinary circumstances for violating the law or a minor infraction of the law. A camera does not. A camera enforces the letter of the law, not the intent. I have a concern with non-sworn personnel - and i.e., the -- the 147 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 companies - issuing citations. Last year I said I was not in favor of arrest by mail when a similar bill came up. I think it’s problematic. I also have concerns, the fact that we rely upon a hearing officer and not a judge or a jury - a jury of your peers. And a judge, I know what the judge’s qualifications are. I don’t know what the hearing officer’s qualifications are. Generating revenue by law enforcement is a by-product of what law enforcement does. It’s not what law enforcement does. It should not be the primary function of law enforcement to generate revenue. And, finally, there was a -- an article in the news. It was on the radio actually. The lead-in to the story was the Mayor of Chicago had discovered a way to generate ten million dollars by using cameras to capture license plates and -- and -- and checking insurance, whether that car driver has insurance or not, but the lead-in to the story was about the revenue. I do believe, through my experience and what I’ve seen, this is about revenue. I have a deep concern. I have had a deep concern in a prior career for safety and I respect the -- the sponsor’s concern, but I have a deeper concern about this bill, and I would encourage a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Meeks, for what purpose do you rise?
To -- to the bill: Does anybody know where I can find a horse? Because when I get home from the Senate, I’m turning in my car. I’m looking for a good horse for sale. So if there’s anybody who knows where I could find a horse, then let me know. Because the next thing that’s going to happen is that the camera 148 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 is going to catch me texting or making a phone call and then I’m going to be written up for that too. It is clear, Ladies and Gentlemen, all of us are good-thinking individuals. These are not safety bills. It has nothing to do with safety. It has all to do with revenue. Everybody has said it, over and over again. We all can’t be wrong. This is about revenue. Our constituents are going to be so mad at us when every time they get in -- in a car, every time they try to go to the grocery store, they’re going to be stopped for a myriad of things, and then when they finally get back home and realize I made it, I was not stopped, two days later a ticket is going to come and say, yeah, but we got you on camera. It’s wrong. It’s wrong. It’s wrong. And I strongly urge a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Jones, for what purpose do you rise?
I rise to move the previous question, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Senator Jones has moved the previous question. We have seven speakers seeking recognition. Senator Hendon back in the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Senator Hunter, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator Hunter.
149 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 In the balcony, you have two high schools -- two schools in my district who are visiting Springfield for today. You have DuSable High School, which is the high school that I attended and Senator Trotter, and you also have…(inaudible)…and -- and Hyatt -- Dyett Urban Solutions Program, in which I share with -- with Senator Raoul. So can we welcome them to the…
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Illinois Senate? Welcome to the Illinois Senate. Senator Kotowski.
Sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield, Senator Kotowski.
Thank you. Just a point of clarification. On the bill, Senator Link, this is to capture people who are speeding. Yes?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
So the idea is to -- to capture people who are violating the law?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Yes. 150 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
So all these people who’ve been arrested, who’ve received tickets in other locations, received tickets as a result of the fact that they were speeding and violating the law?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator Kotowski.
See, we had a previous speaker talk about somebody who was making whoopee and got pulled over while they were making whoopee and they got a picture of it. My question to the previous speaker is, how fast were they doing it? Just -- just wanted to clarify a couple points. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President. And I -- I -- I, too, am going to agree with a lot of the previous speakers about the fact that this is a revenue-making kind of equipment. When you look at all the red lights that we already have that were put into play, I believe that, right there, those red lights were put in to slow people down. And they were put there because there was accidents at the intersections and they were busy intersections. And I believe that when we put the red lights in there, that 151 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 should have been sufficient. But now they come to us asking to put in speed -- a speed gadget into those red lights. And while -- I’m going to vote for the bill because I did ask you to change some things. Because at the end of the day when -- when I -- when I mentioned to you the fact that it will only -- and only cover schools -- where schools are at, where parks are at and where hospitals are at, that was the only thing that could have made me change my mind, because I, too, was down on this whole red lights. I believe we have too many red lights in too many locations, and I believe that the red lights were put in there to slow people down, and I think that purpose has been served. But, right now, to put in another gadget, it’s only going to make one company or maybe several companies very rich on the backs of working people. And I understand, Senator Link, that this is about people speeding through when the light’s green. And I understand that aspect, but I think that when we talk about red lights, we’re talking about slowing people down. And I think it has done that. But now, on top of that, we are adding something else that’s going to make somebody rich, and I’m against that. But I am -- I am in favor because you did make the amendment to -- put the amendment forward where you made the changes on making sure that it only and strictly went to -- to hospitals, schools and parks. And I think when we really need to -- when we really look at the -- at the bill and what it’s really protecting, it’s protecting our young people and protecting our old, and protecting, you know, the people that -- that hang around the parks. I really am going to vote for this bill, very reluctantly ‘cause I don’t like the whole aspect of making somebody rich, but I know that for safety 152 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 purposes I will be voting Yes.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Brady. Senator Brady.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Brady.
Senator, it’s not often I find myself in agreement -- well, actually I’m starting to find myself in agreement with Senator Meeks more and more each day. Senator, we have had a custom when it comes to this legislation in the past that if the Senators in the county wish this not -- the county not to be included, that the Senator would pull that out. Inasmuch as I disagree with this legislation in every county, there’s a particular county that Senator McCarter and I represent, Macon County. It’s been a practice in this Senate not to do that. I would ask why you chose to keep Macon County in there at the request of Senator McCarter to pull it out, and I would wait for your response to continue.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Very simple. This is a House bill, not a Senate bill. And in the House bill, the House sponsor was -- it was his county that was one of the counties and a House Member wanted the other county that you’re speaking of in the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady. 153 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Senator, this is the Senate, not the House. There’s many things that begin in the House that need to be corrected over here in the Senate. I’ve heard you say that yourself several times, Senator. You have two Senators in this Chamber who represent Macon County. No one else represents Macon County. This bill should be passed in an agreement by the Members whose counties it affects, Senator. We would respect your intentions under those wishes and we would hope that you would take this bill out of the record and offer an amendment. If the House has a problem with it, we’ll do what we typically do and that is negotiate it in a conference committee. But, Senator, I think it’s inappropriate, and I think you would agree, it would be inappropriate for two Senators representing Macon County to dictate such legislation on you in Lake County. So with all due respect, Senator, I ask you to take this bill out of the record, allow an amendment that respects the interests of the people who represent the counties mentioned in this bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator -- Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. To the bill: Ladies and Gentlemen of the Senate, our -- our colleagues have gave their opinion about the bill, obviously in opposition. I can tell you as a police officer, this is a deterrent. It’s a safety bill. This covers parks, schools and hospitals. In each of those locations that I just mentioned, there’s children, especially at the schools. You have seniors. If a person is going to speed during school hours or at the park or at the hospital, they 154 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 deserve to get the ticket, whether it’s revenue -- a lot of my colleagues stated. Yes, it is. I don’t know who’s making it, how many companies, but that should be aside from what we’re voting and trying to pass here. It’s a deterrent in my opinion. And it’s a safety net for children, for seniors, for our constituents. Most of the municipalities, county board chairmen, all of ‘em have decided on their own to be put in the bill. And I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. And the Chair’s going to recognize two more speakers and that’s it. Senator Syverson.
Thank you. Earlier there was a question asked by Senator Martinez and I just want to make sure it’s clear. This is not just about speeding. This bill maintains and adds the red light legislation and expands the red light at intersection legislation to additional counties. Is that -- is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Yes, in those two counties that I addressed earlier.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
And there’s been no change? I know the discussion before 155 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 was the issue of -- initially it was of safety. But the concerns that were raised that we’ve talked about, amending the legislation to deal with the fact that some municipalities have been charged with shortening yellow lights as a way to raise revenue, we approached the idea of an amendment to say that we need to put some safeguards in this legislation that would limit how long the lights need to be yellow so we’d follow federal guidelines to stop those municipalities that were doing that; also amending it to say that this is -- these cameras are only supposed to go into high-accident intersections, instead of high-traffic intersections. And those amendments to put those safeguards in, I don’t think made that into this bill or were able -- or that has not been changed under existing law with existing cameras as well. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
That is correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson, to the bill, sir. Senator Syverson.
Thank you. I think it’s for those reasons -- those are the issues that many people are raising. The issue of the majority of these tickets are being given for vehicles that have maybe not come to a total complete stop when they’re making a right turn stop - that’s not a -- a safety issue, but that’s the majority of the tickets. Those vehicles who pull up to the intersection, but happen to cross over that white line that you’re supposed to be stopping behind, they still stop, but they 156 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 stop on the other side of the white line and then they receive a ticket for that. I think we’ve already addressed the issue of the cameras don’t know if the schools are in session or not in session, so clearly that’s a problem. And there is no speed cap on this. So if a person is going two or three miles over the speed limit - I don’t believe, maybe you can answer that question - there is no -- there is no cap under this, so if a person happens to be going a few miles over, not dramatically, but a few miles over, he is ticketed for that speed. So a person can actually get multiple tickets and wouldn’t realize it for a month until he got that, opened his mail and found out that he got ten tickets because he was going six miles over the so-called speed limit. So, I want to just add to what others have said. The original intent of the legislation has been changed. This is now about revenue and everyone realizes it. And the fact that municipalities have been charged with altering lights for the main reason of raising revenue tells us what their intent is. So I would certainly join the others and urge a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Forby.
To the bill: You know, I said a while ago I was against all red lights. But I might be changing my mind. Senator Meeks, if you want a horse, you come to my district, we got plenty of ‘em. It might be a district where we got horses we need to sell. So this -- this bill might turn out good for me.
PRESIDING OFFICER: (SENATOR HENDON) Senator McCarter. 157 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. This is the final speaker, other than the sponsor. Senator McCarter. SENATOR McCARTER: Senator Link, we -- we talked in the committee at length about a number of these. I think we covered most of ‘em, but are -- are you aware that some of these companies work on a percentage basis, rather than a per incident basis? And does that not in anyway hint that this might be revenue-driven versus safety-driven?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
Senator, as I indicated before, all of this is worked out by local municipalities in the way the contract is written out. It is not ours to work out those contracts. These are all local-driven contracts. We have nothing to do with this. Bring this up with whatever local community does this. It’s up to them to decide how they want to do it.
PRESIDING OFFICER: (SENATOR HENDON) Senator McCarter. SENATOR McCARTER: I’ll go on to my second question, since I didn’t get an answer to the first. You know, the -- what is the appeal process for this? ‘Cause from what I can tell, there’s a tremendous amount of inaccuracies. We all have examples of misrecognized license plates from other states, perhaps being 158 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 the same number from a different state. And is it a concern of -- of yours at all that this process -- the appeal process might be burdensome, biased or impersonable?
PRESIDING OFFICER: (SENATOR HENDON) Senator Link.
You do have an appeal process. They can appeal it. They have a right to appeal it. It has worked on the red light bill, which we’re not talking about today. But it has an appeal process. They can appeal this. It has worked. It is talked about where there has come cases where you’re right, that it’s been the same license from a different state. It’s shown. They’ve appealed. They’ve won. It’s been thrown out.
PRESIDING OFFICER: (SENATOR HENDON) Senator McCarter. SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR HENDON) To the bill, sir. SENATOR McCARTER: You know, I’m -- I’m really concerned about this ‘cause you’re expanding it into my district. And so I’ve got to go back to my district and explain to these folks why they’re, you know, being targeted for revenue when we should be spending our time addressing our State’s financial situation, rather than bad bills like this. So I -- I would encourage a -- either this to be withdrawn or a No vote on the Floor. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Link, to close. 159 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Thank you, Mr. President. First of all, to my good friend, the Reverend, I just want to clarify something. If you don’t vote for the big gaming bill, we might have a lot of horses that’ll be available too. So, that’s another thing -- another bill at another time. Let me clarify something here. We’re talking about a safety bill. I don’t care, you want to keep on talking about a revenue enhancement. You keep wanting to talk about a red light. You keep wanting to mix apples with oranges. If we want to talk about revenue, why don’t we raise enough taxes so we can have a police officer at every corner? We can have ‘em at every school zone. We can have ‘em at every hospital zone. We can have ‘em at every park district. We can have ‘em everywhere. And then we could be in a police State. And then what are we going to complain about then? Because that’s what we’re asking for. As far as looking, this -- there’s still a review. The police look at these tickets. They’re going to have -- they have the same option as they do when they stop you. They’re going to look at it. Was this one mile over? Was it two miles over? Was it three miles over? They have the option before they send it out. So they have that option if it’s over the limit, if it’s even worth sending it out to people. These are things about safety. I want to thank the previous sponsor of this bill of the -- the thing, the President of the Senate, who carried this red light bill before when we passed it. It was a great concern of his. It’s a great concern of mine. It’s a great concern of everybody in this Senate - it should be, and it’s safety. It’s safety in that we’ve narrowed this scope down to three important areas to show you the facts 160 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 of why we weren’t trying to be revenue-generating. We weren’t putting this on highways. We weren’t putting this in big speed zones. It was put for safety, safety, safety. I would ask for an affirmative vote for the kids of the State of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 442 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 13 voting Aye, 36 voting No, 4 voting Present. House Bill 442, having not received anything close to the required constitutional majority, is declared failed, failed, failed. Senator Muñoz, for what purpose do you seek recognition? SENATOR MUÑOZ: Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point, sir. SENATOR MUÑOZ: Ladies and Gentlemen of the Senate, I have two guests here.
PRESIDING OFFICER: (SENATOR HENDON) Guests are being recognized, Ladies and Gentlemen of the Senate. SENATOR MUÑOZ: Two guests in the gallery. And one of ‘em is your constituent, Mr. President Hendon, Nicole Pavisic from Chicago - lives in your district - and then her friend, Collin Thomason, from England. If we can give them a round of applause and welcome ‘em to the Senate.
PRESIDING OFFICER: (SENATOR HENDON) 161 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Welcome to the Illinois Senate. Welcome to America. Senator McCarter, for what purpose do you seek recognition, sir? SENATOR McCARTER: Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point. SENATOR McCARTER: Members of the Senate, I’d like to introduce a group of people that have come to us to visit with us today: Mr. Kenneth Bardwell, Chairman and CEO of Midtown {sic} (Motown) Technology. Along with him are Mayor Gottman, from Vandalia. These folks are looking at investing a -- a sizeable amount of their time and money into our community. And I just want to recognize them and say thank you for considering Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Senate? Welcome to Illinois. Senator Brady, for what purpose do you seek recognition, sir?
Thank you, Mr. President. Inquiry of the Chair.
PRESIDING OFFICER: (SENATOR HENDON) Make your inquiry, sir.
How many votes does it take for Postponed Consideration? And, secondly, would you give Senator Link a -- a blank roll call so he can count the votes next time before he debates it?
PRESIDING OFFICER: (SENATOR HENDON) Senator Brady, it takes 24 votes for Postponed Consideration. And I am under instructions to be conservative 162 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 and boring, so I’m going to try my best to do that. Senator Lauzen, for what purpose do you seek recognition, sir?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I would like to re-welcome John Reeves and Julia Cosimo, who just received her doctorate on Sunday in higher education. And then I would like to also welcome several participants in today’s Springfield Tea Party that was here on the Capitol grounds: Mary Elger, from Crystal Lake; Mary Justen, from Spring Grove; Janice Abraham, Crystal Lake; Joe Miller, Carpentersville; Al Schroeder, Jr., from Elgin, Illinois; Mike Dupois, from McHenry; Ev Evertsen, Harvard; Clyde and Janet Larsen and Oreo, from Elgin; and Ralph Willoughby, from Riverton. And they’re…
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Illinois Senate? Welcome to the Senate. Senator Trotter, for what purpose do you seek recognition, sir?
Thank you, Mr. President. I was hoping that maybe Madam Secretary could go in the record to verify that Senator Link got less votes than I did on my helmet bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, there -- no humor is allowed in the Senate for the rest of the day. Thank you very much. House Bill 460. Senator Bond. Madam Secretary, read the gentleman’s bill. 163 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
House Bill 460. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Thank you, Mr. President. The federal government, as well as the State of Illinois, operate a clean water fund and a drinking water fund. Those funds are used to help local government improve their water treatment facility. Current law says that only municipalities can receive those funds or incorporated entities. This simply adds that unincorporated entities could also participate in the low-interest loan and grant program. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Dahl.
Thank you, Mr. President. To the bill: This bill passed out of committee unanimously and -- and this is a good bill, especially, I think, for us downstate people that have a lot of unincorporated areas that could really use this help. Encourage an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Lauzen.
Question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Lauzen. 164 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Senator, I -- I understand that this is an expansion of the bonding authority of the State of Illinois. Can you describe to the Senate if it’s not, how that’s not the case?
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Sure, I’d be happy to answer that question. What -- what we need to do is amend the Build Illinois Bond Act. And we’re changing the words that it says that these low-income loans and grant programs are -- are eligible to -- to incorporated entities, so that’s municipalities. We’re -- we’re adding language that says if you have a damaged, say, septic system and it happens to be publicly owned and in an unincorporated area and you need money to -- to remediate the water treatment problem, if you’re unincorporated, you can also apply to the Illinois EPA and -- and qualify for a grant or a loan like any - - anyone else. It doesn’t really expand any bonding authority. It’s just eligibility.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Thank you very much for clarifying. That’s very helpful. So you’re saying that it’s not an increase in the bonding authority of the State of Illinois. But what it is, is it’s an expansion of the eligibility. So we have a certain amount of borrowing that we have a capacity for and now with more uses there’s going to be more competition for the limited resources that we have. Is that correct? 165 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Bond.
Yeah. I would say when it comes to the challenges we face as a nation, when it comes to clean water and drinking water, unfortunately some of the damage is done in areas that have septic systems. Those tend to be more remote areas that do not have access to municipal water. So your -- your statement is -- is correct that -- but this is on purpose. We want to be able to take some of the -- the dollars available to really go after those areas that are in most need. And, yes, that would be unincorporated potentially.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Seeing none, the question is, shall House Bill 460 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 460, having received the required constitutional majority, is declared passed. With leave of the Body, we’re going to go to page 82 on your Senate Calendar, Motions in Writing. House Bill 402. Senator Frerichs. Madam Secretary, read the gentleman’s motion.
Having voted on the prevailing side, I move to reconsider the vote by which House Bill 402 failed. Signed by Senator Frerichs, May 14th, 2009.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs, to explain your motion, sir. Senator 166 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Frerichs, to explain your -- out -- Senator Frerichs, sir.
Okay. Pursuant to Rule 7-15, having voted on the prevailing side, I move to reconsider the vote by which House Bill 402 failed.
PRESIDING OFFICER: (SENATOR HENDON) Senator Frerichs moves to reconsider the vote on which House Bill 402 failed. All… Is there any discussion? Senator Righter.
Thank you, Mr. President. We have no objection to the motion. It’s our understanding that House Bill 402 will be placed back on the Calendar on the Order of 3rd Reading. There’s an amendment coming that has agreed language. When that agreed language is attached, I think that you’ll find the bill will have far more than the 26 votes it received the first time around.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, we’re -- this is only the motion to reconsider, which is not debatable. If the motion is successful, there will then be the opportunity to debate the merits of the bill in itself or any amendments or whatever. All those in favor of the motion will vote… There’s going to be a roll call. All those in favor to vote -- will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. The motion carries. And the question before the Senate is House Bill 402 on 3rd Reading. 167 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 …go back to the regular Calendar. Going back to the Order of 3rd Readings is House Bill 496. Sorry. 475. Senator Syverson, on 475. Out -- Senator Syverson. Out of the record. 475, sir. Senator Syverson. Madam Secretary, please read the gentleman’s bill.
House Bill 475. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Mr. President. This is just legislation that sets up a process for waiving student fees that were independent of the -- or gives school boards that process to do that. It passed unanimously out of committee. I know of no opposition -- opposition.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 475 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 475, having received the required constitutional majority, is declared passed. House Bill -- House Bill 496. Senator Silverstein. Oh! I’m sorry. Senator Jones. I’m sorry. 496. Senator Silverstein. Madam Secretary, read the gentleman’s bill.
168 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 House Bill 496. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Silverstein.
Thank you very much. This -- what the bill does, it provides that an optometrist may utilize percentage-based rental agreements. It revises the Medical Practice Act, prohibiting a physician from splitting fees for referral -- patient referrals and other services. I’ll take any messages {sic}.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Althoff.
Thank you very much, Mr. President. Just to the bill: Like to acknowledge the sponsor and his graciousness in addressing some of the concerns that were raised in committee. It’s a good bill and I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? This is final action. The question is, shall House Bill 496 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 496, having received the required constitutional majority, is declared passed. House Bill 497. Senator Trotter. Madam Secretary, read the bill.
169 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 House Bill 497. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Thank you very much, Mr. President and Members of the Senate. House Bill 497 creates the Drug Overdose Prevention Program in Department of DASA. This bill will allow wider prescription of naloxone hydrochloride or any other similarly acting and equally safe drug approved by the FDA for the treatment of drug overdose. Naloxone is a generic medication with the trade name Narcan.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Pankau.
Thank you, Mr. President. Will the sponsor yield for a couple questions?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Pankau.
Thank you. These are narcotics that we’re talking about. We’re talking about drug users and the chance that they may overdose and -- and kill themselves. Correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
That is certainly correct. We’re talking about individuals who use OxyContin, heroin, methadone, phenetole. Yes. 170 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
And the purpose of this bill would to be to allow a friend or a fellow drug -- somebody else to administer a drug to them if they see them going into an overdose situation and, in your testimony before the committee, potentially help save their life. Is that correct?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
That is absolutely correct. But there are some parameters here as well. The individuals who are in -- in possession of these anti-overdose drugs also will be given some type of training that has been -- or at least conversations through various programs, specifically the doctor that they get the drugs from and in the Department who will create a drug prevention program.
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
So if I’m a drug user, I’m supposed to bring my friend with me when I go to the doctor to get my drugs so that he can learn, he or she, can learn how to administer it to me so that I don’t overdose and kill myself?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
You know, there’s always best-case scenarios. However, if 171 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 you were going into drug overdose and happen to have it on you, you don’t have to be trained. It’s going to save your life. Anyone can do it. Good Samaritan can do it. However, those are best-case scenarios, that, yes, it’s your friend; it’s your family. The -- one of the things that was the impetus behind this was a family who had a teenage son who was on drugs. He was on drugs, couldn’t do anything about it, but the parents said, you know, if he overdoses, if this knucklehead stays on these drugs, I want to be able to do something about it immediately. So this drug, which does nothing else, does -- can’t -- you can’t get high on it. You can’t take it for a cold. Can’t take it for a backache. It has only one purpose and that is to save your life from drug overdose. So this -- did come out of a situation, not just someone sat at home and said, “hey, I like doing drugs. Let’s get a drug that’s going to stop me from overdosing.”
PRESIDING OFFICER: (SENATOR HENDON) Senator Pankau.
And what if I, as the friend, go into shock or do something else, never administer this drug? Can I be sued by the family?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
No, you cannot. There is no liability issue here. There may be some cases, civil liabilities, but there’s certainly no criminal liabilities associated with the administration of this drug with the passage of this law.
PRESIDING OFFICER: (SENATOR HENDON) 172 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Pankau.
To the bill, Mr. President: I think this is a very unique situation, and although I think all of us would have sympathy for those that find themselves in that particular situation, potentially saving a life can also incur a lot of other problems around it. I would urge you to think long and hard about how you’re going to vote on this bill. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator -- Senator Althoff. I’m sorry. Senator Althoff.
Thank you, Mr. President. To the bill: I rise in strong support of this legislation. You know, drug overdose is not necessarily isolated to the City of Chicago or the surrounding areas. In McHenry County, the drug overdose statistics tripled in just one year. And I have a parent who’s an extremely strong supporter of this legislation, because it’s not necessarily the individual who is the drug user, but a parent or a family member that wants to do everything that they can in their power to save this life. I would urge a strong Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Syverson.
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) Ask as many questions as you would like. Senator Syverson.
Thank you. You know, in -- unfortunately like many of the bills we look at, the concept makes -- can have some merit. In 173 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 the last example, a parent that is concerned about their child who talks to the doctor, who gets this -- this medication, who understands how to use it, that makes sense. The problem is this legislation goes on much further than that. This legislation says that with no age limit on this that we’re going to allow a fourteen-year-old or a fifteen-year-old to be able to get these prescriptions and they’re going to somehow in the back room or behind a building or behind the school, they’re going to know what to do with it or be responsible. It’s interesting that a fourteen-year-old can get this prescription and give it to their friends, yet if that same fourteen-year-old gives a friend an Advil, not only are they expelled from school, but they can go to jail. It doesn’t seem to make sense when we look at this legislation. There ought to be some tighter parameters, at minimum, on this on who is allowed to have these needles, how many they can get, who can they distribute these to. And so what sounds good for a handful of potential people who could be using it to help a loved one, it is much broader than that, and so many more people can get it. There are no safeguards built into this legislation. And so I -- I think it makes more sense to pull this thing back. Let’s come up with some real safeguards and then move forward with it, as opposed to having it wide open. And, Senator, I appreciate what you’re trying to do, but -- and if I’m wrong on any of that information about the age limit or how it can be used or if it’s true that if that same person gives that person an Advil, do they go to jail and are they expelled from school, but they’re allowed to inject them with this serum and they do not have any problem with doing that at school -- is that -- would that be true? 174 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
To your last statement: Absolutely not. As you -- true to the point to whereas that you cannot take Advil and, in some cases, take other medications that -- at school, but we’re also making the assumption that you’re not shooting drugs in the school bathroom either. So the use of this anti -- or antidote wouldn’t be necessary to have while you’re going on your way to lunch or -- or out to recess no matter what age you are. You know, right now, thirty-five hundred -- thirty-five thousand drug overdoses in -- in the United States were reported. In the City of Chicago alone, three hundred people die annually from drug overdoses. As I said, is this -- this isn’t new. It isn’t novel. What we have in New York, California, New Mexico, Connecticut and in Massachusetts. They already have existing programs. There is a pilot program going on in the City of Chicago right now. So this is -- they know that this works. We know that we want to do the best for these individuals who have gone down the wrong path. We don’t want ‘em to die when we have an antidote to ensure that that does not happen. This is a drug prevention program. DASA, again, will be administering it. There will be classes -- or not classes as much as at least as a -- a public service where information will be disseminated. It’s a good program. We need to expand it throughout the -- the State of Illinois. We need to get away from this: if it is not happening in my neighborhood. Senator Althoff was absolutely correct. You know, we said the same thing about AIDS or -- when it was -- or -- and about crack cocaine. You know, it was -- it 175 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 was only what was happening in the City of Chicago and then, all of a sudden, you find out you had a meth problem downstate. Well, believe it or not, you have a heroin problem downstate as well. These are your relatives. These are your friends. Don’t let it -- let you find out by someone coming knocking on your door because your niece got killed or your best friend’s daughter, who could have been saved, who could have -- who could have had this medication with them, died because we did not take the strong -- vote at this time. This isn’t a moral issue. It’s not a philosophical issue. This is a drug prevention issue and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator McCarter. SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator, you mentioned in response to Senator Pankau that there would be no criminal liability to the one administering, but you -- did you answer whether there’ll be civil liability?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Yes, I did. And we could play back the tape if you wish, but I was clear about that.
PRESIDING OFFICER: (SENATOR HENDON) Senator McCarter. SENATOR McCARTER: 176 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 You’re saying there are liabilities to this, to the ones administering this?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
This is a very litigious world that we live in. You’re liable for everything. You’re liable for that paper cut that you get on your hand from shuffling papers. So, because -- and you know, the paper company, because they made the paper too thin. So you can be sued for anything in this country. So, yes.
PRESIDING OFFICER: (SENATOR HENDON) Senator McCarter. SENATOR McCARTER: You mentioned that this program is working. Is it working to reduce usage or reduce overdoses?
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter.
Both. What happens is -- the reality is that people don’t -- many times don’t realize what the consequences of their -- their habits or their -- what they’re doing. A drug overdose, by anyone, sort of wakes you up. So the individual -- so right there, it’s a deterrent for this. Like, hey, I’m not going to be there, luckily that I came back. So -- versus that someone waiting on 9-1-1 or somebody to make a phone call, didn’t make that phone call. So, yeah, it works two ways.
PRESIDING OFFICER: (SENATOR HENDON) Senator McCarter. 177 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 SENATOR McCARTER: To the bill: Unfortunately, I know a little too much about this issue, Senator. I agree with Senator Syverson that the parameters of those qualified to administer the drug are too wide. And the truth is, if you feel that this is going to be some type of a morning-after solution, I promise you it’s not. The reality is, you’re not going to have control over that situation, because you’re not going to find out soon enough. So, I would just -- I would just urge a No vote on this. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter, to close.
Thank you very much, sir. The reality is, this gives you a morning after. Otherwise, there would not be one. You know, what goes on in the night, you’d be dead. But -- and again, but we’re not talking about the abortion issue here. We’re not talking about those other things that you hold very dear to your heart. We’re not talking about whose flag we’re waving. We’re talking about individuals whose lives can be saved by using this narcotic -- or this narcotic antidote. This bill has been supported by the Illinois State Medical Society, the Illinois Society of Addiction in -- Medicine, the Illinois Alcoholism and Drug Dependence Association, the AIDS Foundation. And the list goes on and on. So, anyway, I just ask for an Aye vote, Mr. President. I believe it’s the right time for us to expand this program throughout the State of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 497 pass. All those in 178 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 44 voting Aye, 13 voting Nay, none voting Present. House Bill 497, having received the required constitutional majority, is declared passed. House Bill 519. Senator Harmon. 519. Senator Harmon. 519. Take this bill out of the record. House Bill 542. Senator Sullivan. Out of the record. House Bill 547. Senator Radogno. Out of the record. House Bill… Senator Murphy, for what purpose do you seek recognition, sir?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.
We are joined today by two -- two friends from up in my district. And -- both of ‘em, right, Senator? Andrew Kretschmar, the Executive Director of the newly founded Palatine Township Young Republicans, and Philippe Malin, who I got to know very well last fall. And I’d appreciate if we’d give them a warm Senate welcome from both sides of the aisle, Senator Link.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise? And welcome to the Illinois Senate. Welcome to the Senate. House Bill 557. Senator Holmes. Madam Secretary, please read the bill.
House Bill 557. (Secretary reads title of bill) 179 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Holmes.
Thank you, Mr. President. House Bill 557 expands institutions protected under the provision regarding interference with public institutions of higher education. Under current law, the only institutions protected under the statute are public colleges and universities. This would offer the same protections given to public colleges and universities to public elementary and secondary schools and ensure the safety of all students attending public school.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this is final action. The question is, shall House Bill 557 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 557, having received the required constitutional majority, is declared passed. Senator Haine, for what purpose do you seek recognition, sir? The next bill. Senator Haine seeks leave of the Body to return House Bill 563 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 563. Madam Secretary, have there been any amendments approved for consideration?
Floor Amendment 1, offered by Senator Haine. 180 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Mr. President, inquiry of the Chair before we proceed.
PRESIDING OFFICER: (SENATOR HENDON) State your inquiry, sir.
The President is uncommonly mellow and slow. And we were wondering why that is.
PRESIDING OFFICER: (SENATOR HENDON) Talk to your President of the Senate and the Governor of the State of Illinois, Senator. We were obviously going at too quick a pace and keeping people awoke up here, and I -- apparently, it’s not what we’d like to do. So, dose off if you wish. Senator Haine.
Thank you, Mr. President. The -- the amendment is an amendment of the Secretary of the -- the Department who -- who is having a paragraph that adds to his power in the event that these examinations are fundamentally deficient. There’s a clinical examination which is the gist of the underlying bill.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 563 pass. All those in -- oop! I’m sorry. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported. 181 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 563. Madam Secretary, read the gentleman’s bill.
House Bill 563. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
This is a clinical examination option for dental students, supported by the Dental Society, by the University of Illinois Dental School, the Southern Illinois University Dental School. It is a remarkably fine and well-crafted bill. And I believe there should be an Aye vote. And I also want to add, Mr. President, we prefer the old Rickey Hendon.
PRESIDING OFFICER: (SENATOR HENDON) Well, apparently we will be here till June or July, so who cares? Is there any discussion? Seeing none, the question is, shall House Bill 563 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 563, having received the required constitutional majority, is declared passed. House Bill 574. Senator Schoenberg. 574. Senator Schoenberg seeks leave of the Body to return House Bill 574 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd 182 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Reading is House Bill 574. Madam Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment 2, offered by Senator Schoenberg.
PRESIDING OFFICER: (SENATOR HENDON) Senator Schoenberg, to explain your amendment, sir.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Floor Amendment No. 2 to House Bill 574 takes the entire language of Senate Bill 266, as amended, which was done in concert with the Bar Associations and the Attorney General’s Office and all the public defenders, for the loan forgiveness program. There’s no opposition. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, all in favor will say Aye. Opposed will say Nay. The Ayes have it, and the amendment is adopted. Are there any Floor -- further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 574. Madam Secretary, read the bill.
House Bill 574. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) 183 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Schoenberg.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. As I mentioned in my earlier remarks, this is identical to what we have considered previously for loan forgiveness for public sector attorneys. It’s subject to appropriation. You all supported it before. And this is to ensure that one version ends up on the Governor’s Desk intact. I ask for your favorable support.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 574 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay, none voting Present. House Bill 574, having received the required constitutional majority, is declared passed. House Bill 584. Senator Muñoz. Madam Secretary, please read the bill.
House Bill 584. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 584 increases the penalty for disarming a peace officer or correctional officer to a Class 1 felony and 184 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 imposes a mandatory sentence of incarceration. It also maintains the current penalty for attempting to disarm a peace officer or correctional officer, a Class 2 felony. I know of no opposition. And I’ll attempt to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 584 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting Nay and none voting Present. House Bill 584, having received the required constitutional majority, is declared passed. House Bill 587. Senator Koehler. Madam Secretary -- Senator Koehler seeks leave of the Body… Senator Koehler. Madam Secretary, please read the bill.
House Bill 587. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Thank you, Mr. President, Members of the Senate. House Bill 587 would require municipalities with populations of less than five hundred thousand residents to form fire insurance boards and it would also require all fire protection districts to create corresponding fire insurance boards. Be happy to answer any questions and I would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) 185 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Any discussion? Senator Dahl.
Thank you, Mr. President. To the bill: This -- this bill was in committee and did not pass out unanimously. The -- especially the downstate fire districts are opposed to this -- this bill. I have had -- had any number of letters from downstate fire districts with opposition to this and the -- the lobbyist for this bill will tell you that it does not affect the downstate fire districts or not -- not only downstate, but even fire districts around the Chicago area, in the suburbs. But, obviously, with the opposition that -- that I have received and I’m sure many, many more of you have received, there’s obviously something wrong with this bill, when we’re taking funding that is given to the fire departments and the fire districts and the trustees are -- are spending this money the way they deem it -- it best, and now the employees want to take over these funds. I -- I think we need to be very careful on how we vote on this bill and -- and I personally am going to be a No vote.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
To close.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler, to close.
Yes. Thank you, Mr. President. And thank you for your comments, Senator. But just to remind everyone in the Senate that this is not tax dollars. These are moneys that come in from insurance companies that do not have their headquarters 186 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 located in the State of Illinois. These are funds that are distributed by the Illinois Municipal League and they go to fire departments. And who best can make those decisions, but the people in the fire departments themselves? I’d ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 587 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 46 voting Aye, 10 voting Nay, none voting Present. House Bill 587, having received the required constitutional majority, is declared passed. House Bill 607. Senator Martinez. Out of the record. House Bill 621. Senator Hultgren. Out of the record. House Bill 628. Senator Steans. Senator Steans seeks leave of the Body to return House Bill 628 to the Order of 2nd Reading for the purposes of an amendment. Hearing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 628. Madam Secretary, have there been any amendments approved for consideration?
Floor Amendment 2, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Thank you, Mr. President, Members of the Senate. This Floor Amendment No. 2 deletes the underlying bill and -- and becomes the bill, so I’ll speak to it on 3rd then.
PRESIDING OFFICER: (SENATOR HENDON) 187 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Is there any discussion? Senator Cronin.
On the previous bill. Go ahead.
PRESIDING OFFICER: (SENATOR HENDON) All those -- all those in favor will vote Aye. Opposed will vote Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 628. Madam Secretary, read the bill.
House Bill 628. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Steans.
Thank you. Yes. House Bill 628 requires schools to allow access to educational personnel, facilities, classrooms, and to the child by educational evaluator experts retained by the parents of kids with disabilities so that these experts and/or the parents can help provide input into evaluation of the child for her IEP that may be getting put in place. We -- this -- the -- as amended, it’s making a lot of clarifications that gave more comfort to the School Management Alliance and some of the other management organizations to ensure that we’re defining who 188 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 has access and that there’s upfront agreement on the nature of that kind of access.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 628 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting Nay, none voting Present. House Bill 628, having received the required constitutional majority, is declared passed. Senator Cronin, for what purpose do you seek recognition, sir?
Point of personal privilege, if I may. I -- I…
PRESIDING OFFICER: (SENATOR HENDON) State your point.
I inadvertently pressed my Yes button for House Bill 587 and I had intended on pushing a No button. I want the record to reflect that, please.
PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. Senator Lightford, for what purpose do you seek recognition?
Mr. President, thank you. You’re so polite and you’re being so slow and cautious. That’s a new day for you. Mr. President and Ladies and Gentlemen of the Senate, I’d like for you to please -- on personal privilege, sir.
PRESIDING OFFICER: (SENATOR HENDON) 189 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 State your point.
Thank you. I’d like for you guys to please welcome St. Luke School from River Forest. They’ve got a great teacher with them -- two teachers, and they are in the gallery behind the Republican Chamber, watching and observing what we do here passing laws. If you could please welcome them to the Chamber.
PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Illinois Senate? Welcome to the Illinois Senate, young people. Moving right along. Page 67. House Bill 645. Senator Martinez. Madam -- Mr. Secretary, please read the bill.
House Bill 645. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill -- 645 allows chiropractors to provide certificate excusing sick leave for teachers. And I’ll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, the question is, shall House Bill 645 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 190 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 none voting Nay, none voting Present. House Bill 645, having received the required constitutional majority, is declared passed. House Bill 648. Senator Haine. Mr. Secretary, read the gentleman’s bill.
House Bill 648. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is the continuation of the traffic study to determine any bias-based policing during routine traffic stops. This was begun in 2003, sponsored by former Senator and now President of the United States Barack Obama. This was -- amended to a five-year study with some -- with some strong commitments to get the commission constituted and get them working on the data to -- and get a report.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none -- Senator Meeks.
Thank you so much, Mr. Chairman {sic}. This is a traffic stop bill that I am in favor of today. And I want to thank Senator Haine for taking this initiative and making sure that we were able to gather the data that we’re looking for. And so I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Lauzen. 191 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Thank you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Lauzen.
Senator, thank you very much for your work on this issue. My concern is two-fold. First, haven’t we been gathering this information for the past four years? So that -- that’d be the first question. Haven’t we already been gathering this information?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Yes, sir. That -- that’s correct.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
I received a number of very strong complaints from police departments, especially in the more rural areas of -- of my district, where they said that it -- it placed a real heavy burden on ‘em. But they just did it because they understood that it was the law. Wouldn’t a better approach to this be to - you know, we’ve gathered the information for four years - why don’t we use the information rather than continue? You know, if -- if it has proven discrimination, then put sanctions in place. But, I mean, how long are we going to study it before we stop the burden on the local police departments?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine. 192 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Senator, it -- we’re going to continue it for five more years. And that will be additional data which the commission will then use to properly interpret the data, and it will clear up many questions. I believe the burden is small compared to the benefit. And the benefit is to remove a question of bias in -- in reasonable stops. That’s the issue.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
So what you’re saying is, the reason -- the reason why this bill is necessary is that after four years of data gathering, we haven’t come to sufficient conclusions?
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
That’s partly it. That is -- that is partly it. And while the study goes on, there’s a belief that it can deter and bring better habits to these stops and they become second nature. The burden, again, is light compared to the benefit. The -- the benefit is to remove any needless allegation of racial impetus in making a stop. We’ve had a burden in the country of that. We’ve attempted in the last two generations to lift that burden. I used to face that as State’s attorney. And it’s a continuing effort. And we must make that effort and -- and assume burdens. Law enforcement and the people I’ve talked to are willing to do it. They -- granted, they don’t want to do it in, you know, in perpetuity. But they -- but they -- they are willing to -- to do it if we can clear up some of these issues and implement some 193 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 -- some policies that will then remove any allegation of racial bias. And that is all to -- to the good.
PRESIDING OFFICER: (SENATOR HENDON) Senator Lauzen.
Just final comments to the bill. First of all, four years, I -- I would suggest -- I understand that you’ve said twice in your response to the questions that this is a very light, very light burden. I’m going to send you the telephone calls that I get from the -- my law enforcement agencies where they just disagree with you. And those are the people who actually have to do the work. Another problem that maybe you can address as - - either in your closing or at some point, is the difficulty of the categorizing a person’s racial or ethnic background on the form itself, where, you know, many people’s impression is that the statue of justice has a blindfold, and I didn’t think that it’s about gender or race. It’s about behavior that we’re actually trying to have an impact on. So, I think that it’s been a very substantial burden. I think that the measurement tools have been imprecise. I certainly agree, by the way, with the objective of the law, which is that justice ought to be blind. You know, it -- it should not be based on gender or race or any of those things. Problem is, this seems to almost systematize that type of categorization rather than just based on behavior. So, thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine.
Well, I -- it is not without some burden, but the burden, 194 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 as I said, in comparison to the benefit is -- the benefit far exceeds what burden there is. Certainly there is an annoyance, but we’ve had -- we have in law enforcement a legacy to overcome and our officers do it every day. And the State’s attorneys do it every day. We have to realistically face these issues based upon a real past. And our officers do it bravely and competently every day. This removes a needless issue, a needless distrust between those who bring law and order - to use a phrase from The Lone Ranger - to our streets. That is the goal. And we do it fairly. As you indicated, the lady of justice wears a blindfold and that’s what we want to see implemented on the street. It’s significant that justice is personified in our system by the female figure. And she’s -- she wields a sword, which imports lethal force. But to -- to have confidence in her, we want her to maintain that blindfold. This just assures that she -- that -- that any allegation that she does not wear the blindfold is removed. I think it’s a reasonable bill. Five years plus four is nine years. That’s not a long time to give this commission with the proper appointees the ability to discern this and give a report to the Illinois General Assembly - and most important, a report to the people of Illinois. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Bivins.
Thank you, Mr. President. To the bill: I believe this is the same bill Senator Meeks brought as a Senate bill before the criminal committee -- Criminal Law Committee and we had the same discussion -- debate in committee, and asked the same questions. 195 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 In my estimation, this bill was flawed when it was enacted. Number one, when it was enacted, it had the wrong start date on it. And number two, the law doesn’t require anywhere on the form for the race of the officer making the traffic stop, nor does it require anywhere that -- or allow for the officer to inquire as to the race of the individual driving the car. Now, when I asked the question in the Criminal Law Committee of the gentleman who testified about that, he -- I said, “How does -- how does an officer determine the race of an individual?” He said it would be their perception. And I said, “So they’re perceiving.” And so I said, “What happens if they perceive wrong?” And he says, “That happens quite often.” So, I submit to you, number one, that the information you’re getting is flawed on that point. And on the second point, I looked at these forms every morning for three years. And this information, a lot of it, I saw the -- the races that were put down on these forms and the information that was coming back to us, or was being stored, was inaccurate. So there’s some fundamental problems with the law to begin with. And I hate to see us go down this path of continuing to get flawed information. I have no problem whatsoever with the concept of - - my department did not use racial profiling. And I have no problem with the concept…(inaudible)… But, you know, let’s -- what we said in committee was, let -- let’s get the report done. Let’s have a report. The committee hasn’t met - and -- and get accurate information. That’s my -- my problem with this. And for that reason, I’m -- I’m going to be a No vote. Thank you.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine. 196 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
I appreciate those comments, Senator. And that’s why we have the commission. And you’re right, they haven’t met. Part of the purpose of this bill being extended, this -- this traffic study, is to impel them to be formed and to meet and have a well-balanced review of this. If the commission wishes to tweak the information as you recommend, I’d be happy to help make that happen.
PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Raoul.
Thank you, Mr. President. Very briefly, to the points raised by my colleague from the other side. It’s -- it doesn’t matter whether or not the law enforcement officer is accurate in his perception. Lady justice taught me a Latin term in law school called “mens rea”. It’s not whether you’re accurate in your perception, it’s what you think the race of the driver is. And if -- if, Senator, you have a real good tan from a trip in Florida and you’re -- you’re -- you’re more darkly complected than I am and an officer decides to stop you because he thinks you’re African-American, that would be racial profiling, notwithstanding the fact that, in fact, you’re -- you’re -- you’re not. So -- so -- so that is why the perception is -- is more critical. To the bill: Senator Haine, I’m supporting this bill, notwithstanding the fact that I’m -- had made a commitment not to do anything until after the board met. I think you should hold yourself open to suggestions for amendments, because we’ve passed bills that are going to be going to the Governor’s Desk for signature that will have it such that people are going 197 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 to be stopped because they have cell phones, that are either using them in a -- in a school zone or a construction zone or they’re texting, and we should be collecting data as to whether African-Americans, Latinos are being stopped more often for texting while driving, or driving in a school zone while having a phone, or driving in a construction zone while having a phone. So this -- this issue is becoming a bit more complicated and I’m sure we’ll probably have some other bills being put forth in -- in our interest in advancing the great police State of Illinois.
PRESIDING OFFICER: (SENATOR HENDON) Senator Haine, to close.
Thank you, again, Ladies and Gentlemen of the Senate. This is a balanced bill. It’s a reasonable extension. This is very important to many people to -- to have the law to be perceived every day as beyond bias. That is our burden when we execute laws. Those of us who -- I used to and Senator Bivins used to - - Senator Millner did the same thing - those who faithfully execute the laws must be perceived as to be beyond any question. When -- when we go into the well of the court to speak the truth, when people are brought in pursuant to an arrest, all of this has to be perceived generally, not -- not universally, because we can’t hope for unanimity, but generally the law must be perceived to be beyond any legacy of bias. And this is a small burden compared to the great benefit. And I agree with the Senators, we should get going on the commission. Get the data and get this job finished for the people. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) 198 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 The question is, shall House Bill 648 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 45 voting Aye, 6 voting Nay, none voting Present. House Bill 648, having received the required constitutional majority, is declared passed. Jack Tichenor, from WTTW, seeks leave to videotape. Is leave granted? Leave is granted. House Bill 656. Senator Noland. Out of the record. House Bill 666. Senator Koehler. Mr. Secretary, read the bill.
House Bill 666. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
Yes. Thank you, Mr. President, Members of the Senate. House Bill 666 increases the limit on how much a fire department can charge nonresidents for fire service. Under the terms of this bill, those rates could not exceed two hundred and fifty dollars per hour for each vehicle used, nor could it exceed seventy dollars per firefighter responding to the call for assistance. I’d be happy to answer any questions and I’d ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Senator Dahl.
Thank you, Mr. President. To the bill: This -- this bill 199 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 passed out of committee unanimously, but for those that are concerned, this is a fee increase for everybody if you’re not in that fire district.
PRESIDING OFFICER: (SENATOR HENDON) Is there further discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, briefly, please?
PRESIDING OFFICER: (SENATOR HENDON) He indicates he will yield. Senator Righter.
Senator Koehler, who brought this to you? I’m just curious about who’s asked for the fee increase.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
This came over from the House. It was sponsored by my Representative in the 91st District.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
I’m sorry. I -- let me be more specific, Senator Koehler. Do you know who initiated the legislation in the -- with the General Assembly? Who brought it to Springfield and said, hey, the fees need to be raised on these people who are not in a fire protection district?
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler.
200 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 I’m going to take a -- a educated guess that it is some of the proponents. We have the Illinois Association of Fire Protection Districts, the Northern Illinois Alliance of Fire Protection Districts, the Illinois Firefighter’s Association, the Illinois Fire Chiefs’ Association and the Illinois Fire Safety Alliance. That’s my assumption.
PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.
And can you go over for the Chamber, just what - I’m sorry, Senator - what the maximum fees allowed to be charged are now and what they will go to? Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HENDON) Senator Koehler, to close.
Yes. Thank you, Senator, for your question. Right now the fees are a hundred and twenty-five dollars per hour. They could not, under this bill, exceed two hundred and fifty dollars per hour. That’s per vehicle used. Right now there’s a fee of thirty-five dollars per hour per firefighter. And under this bill, it could not exceed seventy dollars per firefighter. I’d appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON) The question is, shall House Bill 666 pass. All those in favor will vote Aye. Opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 45 voting Aye, 10 voting Nay, none voting Present. House Bill 666, having received the required constitutional majority, 201 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 is declared passed. Senator Schoenberg in the Chair.
PRESIDING OFFICER: (SENATOR SCHOENBERG) House Bill 669. House Bill 669. Senator Sullivan. Senator John Sullivan. Out of the record. Upon further review, the replay shows Senator Sullivan wishes to have 669 heard. Mr. Secretary, please read the bill.
House Bill 669. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
Thank you, Mr. President, Members of the Senate. The bill provides that the registration fee for fire chief license plates for a vehicle owned by a fire chief shall continue to be the same as the standard registration fee for vehicles. And for vehicles owned by the municipal fire department or fire protection district, the fee shall be the same as the reduced registration fee, which is eight dollars for units of local government. I’d be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Burzynski.
Thank you, Mr. President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates that he will yield. 202 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Thank you. A very quick -- very quickly, Senator, I understand what you’re trying to do here, but can you tell me - we see, you know, as we travel up and down roads in our local communities, we see all kinds of vehicles with municipal plates and all of that - what kind of a fee do they have currently? Do you know? And is this fee in line with that?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Sullivan.
Senator Burzynski, it’s my understanding that the -- for units of local government, they have a reduced fee and it is eight dollars.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Righter.
Thank you, Mr. President. To the bill, please.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …bill.
Ladies and Gentlemen of the Senate, it’s probably one of the worst-kept secrets here, at least in the Senate, that we are talking about a capital bill and that capital bill needs revenue, and one of the potential revenue sources would be to increase license plate registration fees from seventy-eight dollars to ninety-eight dollars. And you have on the board a bill that would reduce the license plate registration fee for fire chief vehicles in this State from seventy-eight dollars to 203 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 eight. So for those of you who are thinking about voting for the revenue bill for the capital bill, think carefully about your vote here and how that’ll stand in contrast to what you might do a little bit later. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Sullivan, to close.
Yeah. I -- I just ask for an Aye vote. I appreciate the former speaker’s comments. We’re talking about a very, very, very limited number of individuals and these are for vehicles that are owned by those individuals. I ask for any Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 669 pass. All those in favor will vote Aye. All opposed will vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 45 voting Aye, 9 voting Nay, 1 voting Present. House Bill 669, having received the required constitutional majority, hereby declared passed. House Bill 675. Senator Haine. Mr. Secretary, please read the bill.
House Bill 675. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.
Thank you. This is an initiative of the State Police. And 204 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 it -- it -- it demands that a sworn complaint against a State Police officer, if it’s found to contain false information, the complaint shall be presented to a State’s attorney with the proper jurisdiction with the recommendation that he or she proceed on a perjury charge.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Haine, to -- do you wish to close? The question is, shall House Bill 675 pass. All those in favor will vote Aye. Opposed, Nay. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 675, having received the required constitutional majority, is hereby declared passed. With leave of the Body, we will return House Bill -- we’ll go to the Order of 2nd Reading. House Bill 682. 682. Senator Raoul. Mr. -- Mr. -- is leave granted? Leave is granted. Now on the Order of House Bills 2nd Reading, House Bill 682. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Raoul.
Thank you, Mr. President. Floor Amendment 1 deletes everything and becomes the bill. I’d be happy to explain it in detail on 3rd.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 205 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Is there any discussion? Is there any discussion? Seeing none, all those in favor, vote -- will say Aye. Opposed, Nay. Opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 682. Senator Raoul, do you wish to proceed? The gentleman wishes to proceed. Mr. Secretary, please read the bill.
House Bill 682. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Raoul.
Thank you, Mr. President. House Bill 682, as amended, makes the preparation of a correctional or human services budget and impact note automatic upon the filing of a bill which creates a new crime, increases the sentence imposed for conviction, creates a new program, expands services, or otherwise increases the cost to the correctional agencies, to DHS, to the Department of Healthcare and Family Services, or the State Board of Education. House Bill 682 also requires the sponsors of such a bill to identify in writing their preferred means of paying for the cost increase, either through a specific 206 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 revenue stream as -- as a tax increase or by identifying the budget line items to be cut or to have funds diverted from them to pay for such an increase. I want to thank Senator Righter for his help on this bill. And I urge support for this bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Righter.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …bill.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. I simply rise in support of House Bill 682. The principle behind this bill is very simple: If we want to spend some money, we need to pay for those expenditures. I give Senator Raoul immense credit for coming up with the original idea and thank him for accepting my suggestions with regards to amendments. I would urge an Aye vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Raoul, to close.
I just urge a Aye vote on this bill. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 682 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who 207 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 682, having received the required constitutional majority, is hereby declared passed. With leave of the Body, we’ll return House Bill 684 to 2nd Reading. Seeing no objection, leave is granted. On the Order of 2nd is House Bill 684. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Raoul, on Floor Amendment No. 1.
Thank you, Mr. President. Floor Amendment 1 deletes the underlying language and becomes the bill. I’d be more than pleased to explain it in detail upon 3rd Reading.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will vote {sic} Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 684. Senator Raoul, do you wish to proceed? The gentleman wishes to proceed. Mr. Secretary, please read the 208 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 bill.
House Bill 684. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …Raoul.
Thank you. House Bill 684, as amended, and subject to appropriation, would direct the Illinois State Board of Education to make grants available to fund community schools and enhance community school programs. To be eligible for a community school grant, schools must offer daily before- and after-school, weekend and summer programming, have a local advisory council, provide a curriculum that is aligned with the Illinois Learning Standards and include life skills, health, parental support, and community engagement, and documents -- documents true collaboration between the school and community stakeholders, create accessibility to parents and other stakeholders within the community. Under the amendment, the P- 20 Council would also be charged with working toward the common goals of fostering an innovated -- innovative approaches towards education. In the spirit of the bill that I presented right before this, the aim of this is to -- to try to be more conservative with our use of -- of grants that the State Board of Education awards and to use school facilities more effectively.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Righter. 209 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …bill.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. I rise in support of House Bill 684, if for no other reason than it’s becoming apparent to me and most of the Members on this side of the aisle that Senator Raoul is becoming more and more conservative with each bill that passes. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Raoul, do you wish to close?
I urge your Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 684 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 684, having received the required constitutional majority, is hereby declared passed. With leave of the Body, we will return House Bill 699 to the Order of 2nd Reading. Seeing no objection, leave is granted. On the Order of House Bills 2nd Reading, House Bill 699. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Cullerton. 210 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) With leave of the -- with leave of the Chamber, Senator Haine wishes to present Amendment -- Floor Amendment No. 3 for House Bill 699. Leave is granted. Senator Haine.
Floor Amendment No. 1, Mr. President and Ladies and Gentlemen of the Senate, is a -- is an amendment which adds to the bill a -- a…
PRESIDING OFFICER: (SENATOR SCHOENBERG) Pardon me, sir. I believe that’s Floor Amendment No. 3.
I’m sorry. Floor Amendment No. 3 adds to the bill, which was a heinous battery bill, an -- an offense of tampering with court records and -- to rectify a situation if someone tampers with a -- a record of any court, which should, of course -- these documents should be -- if anything in the law is sacred, it should be a court record. Provides for penalties and procedures.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. Opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 699. Mr. Secretary, please read the bill. 211 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
House Bill 699. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. This bill has two components. One of which I just outlined to you. The -- and the other component is a heinous battery, which will be added to the -- there’ll be a provision added to the heinous battery statute, which will cause heinous battery to be -- to include batteries which cause great bodily harm which are caused by a dangerous weapon as defined in the -- the Criminal Code.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Haine, do you wish to close?
This is a good law enforcement bill on several -- in several aspects, and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 699 pass. All those in favor will vote Aye. Opposed, Nay. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. House Bill 699, having received the required constitutional majority, is hereby declared passed. On the 212 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Order of House Bills 3rd Reading, at the bottom of page 67 on your Calendar, House Bill 745. Senator Collins. Senator Jacqui Collins. The lady wishes to -- to proceed. Mr. Secretary, please read the bill.
House Bill 745. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 745 amends the Illinois Public Aid Code to allow applications for aid to be filed with any local Department of Human Services office. Right now, currently, the policy requires case assignment to the local office assigned to the client’s home address, regardless of the location of other offices that might be more conveniently located. Now, in the committee, there was a question raised in reference to the cost of putting this legislation into effect. There is a cost. I did ask for the Department to give me an estimate, but what they provided was very -- it was not definitive. It was very rough and was based not on -- based on a limited analysis and with various assumptions. In the short term, there will be a cost. But the system is antiquated. The system was put in prior to the welfare-to-work legislation that requires low-income individuals to work. So I think, in the long term, it’ll be beneficial to provide access to income supports for people with low incomes. So I ask for your support. 213 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Collins, do you wish to close?
I just ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 745 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 745, having received the required constitutional majority, is hereby declared passed. Reminder to all the Members: You have until 5 p.m. today - that’s in approximately thirty-five minutes - to turn into the Secretary of the Senate your Agreed Bill List form, which indicates any bills that you would want recorded as voting No, Present or Not Voting. It’s the Chair’s intention to go to the Order of House Bills 3rd Reading Agreed Bills List sometime this evening after 5 p.m. We’re now at the top of page 68 on your Calendar. House Bills 3rd Reading. House Bill 751. Senator Steans. Senator Steans. Out of the record. House Bill 756. Senator Silverstein. The gentleman wishes to proceed. Mr. Secretary, please read the bill.
House Bill 756. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 214 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Silverstein.
Thank you, Mr. President. This amends the Adoption Compensation Prohibition Act to enable a prospective adoptive parent to give gifts or other things of value to the biological parent if the total does not exceed two hundred dollars.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Silverstein, do you wish to close? The question is, shall House Bill 756 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 56 voting Aye, none voting Nay, none voting Present. House Bill 756, having received the required constitutional majority, is hereby declared passed. House Bill 762. Senator Trotter. Senator Trotter. Senator Donne Trotter. Out of the record. Senate -- House Bill 773. Senator Link. With -- with leave of the Body, we’ll return House Bill 773 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 773. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Link.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
Thank you, Mr. President. Amendment -- Floor Amendment 1 just clarifies some of the transfers in the bill. I know of no 215 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 objections.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Seeing none, all -- all those in favor will say Aye. Opposed, Nay. Opinion of the Chair, the Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 773. Senator Link indicates that he wishes to proceed. Mr. Secretary, please read the bill.
House Bill 773. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
Thank you, Mr. President. This is the Beer Industry’s Fair Dealing Act. Makes it -- it clear what supersedes the conflicting provisions of an agreement between the breweries and the wholesalers. I’ll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Wink, do you wish -- Senator Link, do you wish to close? Oh! I’m sorry. Senator Silverstein.
216 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Good -- good evening.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …morgan.
Some questions for legislative intent, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Silverstein, please proceed.
Does House Bill 773 restrict any party to the agreement making any legal challenge to any provision of State law?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
No. Illinois law allows any party to challenge State laws.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Silverstein.
If a brewer contends that an agreement contains a provision or provisions that predetermine, interpret or redefine any of the terms or provisions defined or contained in the Beer Industry Fair Dealing Act or State law, does such contention take precedence over the Beer Industry Fair Dealing Act or State law?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
No. State law shall prevail in such incidents regardless of what the brewer contains included in an agreement.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 217 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Silverstein.
What agreements will be affected by House Bill 773?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
The bill’s provisions will apply to new agreements executed after the effective date of the bill and executing agreements amendment renewed or extended after the effective date of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Silverstein.
Last question. What right…
PRESIDING OFFICER: (SENATOR SCHOENBERG) Please proceed.
Thank you. What right does a wholesaler have if it is presented with an amendment to an agreement?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Link.
A wholesaler has the right to determine if the amendment has materially, substantially, or adversely affected the wholesaler’s business and may refuse to agree or consent to such amendment if the wholesaler determines that it is mutually {sic}, and substantially or adversely affects his -- its business.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 218 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Is there any further discussion? Senator Link, do you wish to close?
I would just ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 773 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 773, having received the required constitutional majority, is hereby declared passed. House Bill 786. Senator Rutherford. With leave of the Body, we’ll return House Bill 786 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 786. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment 2, offered by Senator Rutherford.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Rutherford.
Thank you, Mr. President. What this amendment does, would amend the Professional Boxing Act to clarify the distinction between some of the amateur martial arts activities and professional martial arts activities.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the 219 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 786. Mr. Secretary, please read the bill.
House Bill 786. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Rutherford.
Thank you, Mr. President. The amendment I described became the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Rutherford -- seeing none, Senator Rutherford, do you wish to close? The question is, shall House Bill 786 pass. All those in favor will vote Aye. Opposed, Nay. And -- and the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 786, having received the required constitutional majority, is hereby declared passed. House Bill 789. Senator Emil Jones, III. The gentleman indicates that he wishes to proceed. Mr. Secretary, please read the bill. 220 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
House Bill 789. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jones.
House Bill -- 789 extends for four years the tax levy on landfill’s methane -- methane facilities that generate electricity and allows the Village of Robbins to use for -- some of the funds to tear down condemned buildings and clean up lots of problems that they have with open dumping.
PRESIDING OFFICER: (SENATOR SCHOENBERG) There any discussion? Any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SCHOENBERG) He indicates that he’ll yield.
Thank you. Senator Jones, I’d like to repeat to some extent the conversation you and I had in Executive Committee about this bill. How many of these facilities to which this tax applies are still in existence around the State, that have these contracts that makes them subject to this tax?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jones.
The ICC has not given us that number yet, Senator Righter.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 221 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Righter.
Thank you. Well, let me ask this in a different way. Is it fair to say that this tax applies to facilities that have -- have certain contracts, and that as these contracts lapse, then those entities don’t have to pay that tax anymore? Is that -- is that an accurate characterization?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jones.
Yes, you’re correct, Senator Righter.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
When was this tax first put in place, Senator?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jones.
Well, it expired in January ’09, and if I’m not mistaken, it was first put in place back in ’06.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Our information is that this began around 1999, Senator, just for your information. How much revenue does this tax produce yearly now? How much revenue?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jones.
222 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 About a half a million dollars a year.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
Actually, Senator, I think that’s the cap on what it can be. Do you know how much it’s generating annually now?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jones.
Well, we don’t have that information, because it’s expired.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Righter.
To the bill, please, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …bill.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. As I indicated in my questions, this was a tax that was put on these facilities approximately ten years ago. The tax applies to facilities that have certain types of contracts. As those contracts lapse, they no longer -- these facilities no longer have to pay the tax. That’s the reason the revenue is declining each and every year. There will come a point in the next few years where all these contracts will lapse and then the tax, even though it’s being extended here, will no longer be effective. This bill did pass out of the Executive Committee unanimously, but I wanted to make sure the Members on both sides were informed as to what this bill contains. Thank you, Senator 223 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Jones, for your answers. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Lauzen.
Thank you very much, Mr. President. A question for the sponsor. Do I understand correctly that this tax was put in place for a special purpose to help clean up some of the environmental challenges in the Robbins area?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jones.
Yes, and also to clean up some of the abandoned buildings and vacant lots that’s around in Robbins, Illinois. Yes.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Lauzen.
And if that was put in place for -- for ten years back in 1999, why does this continue if the -- if the purpose -- was it anticipated at that time that the purpose would come to an end, or that it would be an ongoing project? I mean, if -- if that was put in place to do a specific job and if that job is complete, why would we extend the tax?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Jones.
It’s in the new language for the cleanup part of this bill. Before, the City of Robbins was just able to use it for general revenue purposes. 224 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Any further discussion? Senator Jones, do you wish to close?
I urge for a Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 789 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 45 voting Aye, 13 voting Nay, none voting Present. House Bill 789, having received the required constitutional majority, is hereby declared passed. House Bill 797. Senator Syverson. 797. Senator Syverson seeks leave of the Body to return House Bill 797 to the Order of 2nd Reading. Seeing no objection, leave is granted. On the Order of 2nd Reading is House Bill 797. Mr. Secretary, there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Koehler and others.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Koehler, on behalf of others.
Thank you, Mr. President, Members of the Senate. The amendment adds a new Section which authorizes the Secretary of State to issue new license plates for county officials.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing 225 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 none, all those in favor will -- will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. Are there any further Floor amendments approved for consideration, Mr. Secretary?
Number -- yes, Floor Amendment No. 3, offered by Senator Syverson.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Syverson.
Thank you, Mr. President. Amendment No. 3 just deals with expediting the -- the seventy-five-dollar fine and how that is done with the -- the county clerk’s office. Know of no opposition.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, House Bill 797. Mr. Secretary, please read the bill.
House Bill 797. (Secretary reads title of bill) 3rd Reading of the bill. 226 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Syverson.
Thank you, Mr. President. In addition to the two amendments that were just previously discussed, the underlying legislation helps clarify a problem with mobile cranes that have been out there and dealing with the registration plates. I know of no opposition. Would ask for favorable roll call.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Any discussion? Senator Rutherford.
Thank you -- thank you, Mr. President. Sponsor yield?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Gentleman indicates that he’ll yield. Yes.
Senator Syverson, what was in the Amendment 1?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Syverson.
That is Senator Koehler’s amendment, which is a -- a -- a special license plate legislation. I would defer to the Senator for information regarding that.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Rutherford.
Senator Koehler, so we’re creating some additional specialty license plates for another group of people in the State. Could you explain it to us, please? 227 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Syverson.
Defer to Senator Koehler.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Koehler.
Yes. Thank you. It’s -- yes, this is for new license plates for county officials.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Rutherford.
Senator Koehler, is this for all county officials? So there’ll be a State’s attorney plate, there’ll be a sheriff’s plate, there’ll be a county clerk’s plate, a county treasurer’s plate? I mean, is this -- is -- what are -- what are we creating here?
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Koehler.
Thank you for your question. This would be one plate, but would be for members that would include county board members, commissioners, county executives, chairman or president of the county board, county officers, including the auditor, clerk, circuit clerk, coroner, -- medical examiner, public defender, recorder, sheriff, State’s attorney, and treasurer of a county within this State.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Rutherford. 228 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
Thank you, Mr. President. I -- I realize we’ve already adopted the amendment, so it makes it a little difficult for me to comment on it at this time, and I do apologize. But we have -- we have ballooned the number of specialty plates we have in this State, and there’s an -- an abundantly excess. And I won’t take the time to belabor it here, but will be finding the right time to discuss that and I appreciate it. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Thank you. Is there any further discussion? Any further discussion? Senator Syverson, do you wish to close? The question is, shall House Bill 797 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye -- 48 voting Aye, 8 voting Nay, none voting Present. House Bill 797, having received the required constitutional majority, is hereby declared passed. House Bill 800. Senator Haine. Senator Haine. With leave of the Body, Senator Haine -- wishes to recall House Bill 800 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 800. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR SCHOENBERG) …Haine.
All right. Thank you, Mr. President, Ladies and Gentlemen 229 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 of the Senate. This is a bill which has been ongoing for the past two years, actually, which deals with the parole hearings for C-numbered prisoners. Those are the -- the -- the prisoners that were sentenced before the Class X law. The determinant sentencing scheme was adopted in the late seventies. There’s a couple hundred of ‘em left in prison. Many of them have committed murder. And these are the procedures that we have agreed with the -- the -- the victims’ groups; the State’s attorneys have worked out with the Prisoner Review Board with -- with an input from the John Howard Association - although the John Howard Association, it must be stated, is against Floor Amendment No. 1. They did not receive all of -- that they wished, so they’re opposed to the bill. But this is a strong initiative of the Cook County State’s Attorney Anita Alvarez. And it contains provisions as to notice, definitions as to what constitutes a victim, the standing of a State’s attorney, the duties of a State’s attorney as to hearings for a C-numbered prisoner, and various other procedures relating to the -- the initial parole hearing, as well as a follow-up hearing after the board makes a determination. So that’s Floor Amendment No. 1.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Mr. Secretary, are -- are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 230 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 800. Mr. Secretary, please read the bill.
House Bill 800. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Haine.
The bill is -- Floor Amendment No. 1 is the bulk of the bill. It’s a good bill. It’s strongly supported by those families, relatives of the victims, who have suffered from the evil acts of those who are termed C-numbered prisoners.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Haine, do you wish to close?
I would ask for an Aye vote, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 800 pass. All those in favor will vote Aye. Opposed, No. And the voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, we have 57 voting Aye, none voting Nay, none voting Present. House Bill 800, having received the required constitutional majority, is hereby declared passed. House Bill 806. Senator Harmon. Senator Harmon. Out of the record. House Bill 809. Senator Demuzio. Senator Demuzio seeks leave of the Body to return House Bill 809 to the Order of 2nd 231 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 809. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Demuzio.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio.
Yes. Thank you, Mr. President, Members of the Senate. Floor Amendment No. 2 deletes all and becomes the bill. And I will explain that on 3rd Reading.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 809. Mr. Secretary, please read the bill.
House Bill 809. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Demuzio.
232 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Yes. Thank you, Mr. President. Floor Amendment No. 2 sets forth specific procedures for the withdrawal of a school district from a joint agreement to provide special ed services through a cooperative. The amendment requires that a school seeking to withdraw from a cooperative must receive approval from all the member districts through a written school board resolution. Also, Floor Amendment No. 2 also adds school districts participating in a special ed cooperative to the definition of “municipality” under the Local Government Property Transfer Act.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill -- Senator Demuzio, do you wish to close?
Just ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The question is, shall House Bill 809 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 809, having received the required constitutional majority, is hereby declared passed. Senator Garrett, for what purpose do you seek recognition?
Thank -- thank you, Mr. President. For purpose of an announcement.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 233 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Please state your point of personal privilege.
I’d like to introduce my husband, Scott, who is visiting me today in Springfield, and ask that everyone give him a warm welcome. And -- and make sure that he doesn’t touch my controls, because he might vote differently than me.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Garrett, we’re so glad that you invite the other man in your life here at the State Capitol to the Senate Floor today. We’re now on the Order -- I’m sorry. Senator Raoul, for what purpose do you seek recognition?
Mr. President, probably twenty minutes or so ago, House Bill 675 was heard and it was Senator Haine’s bill and I think lady justice swung its sword the wrong way, and -- and I was asleep and somehow I voted Yes on that bad bill, and I want to be recorded as a No.
PRESIDING OFFICER: (SENATOR SCHOENBERG) The record will so reflect. Bottom of 68 on your Calendar. House Bill 810. Senator Althoff. Out of the record. House Bill 821. Senator Cronin. Senator Dan Cronin. 821. Out of the record. House Bill 849. Senator Hutchinson. Senator Hutchinson wishes to proceed. Mr. Secretary, please read the bill.
House Bill 849. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 234 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Hutchinson.
Thank you, Mr. President, Members of the Senate. House Bill 849, as amended, adds training and service school attendance to the definition of active duty for the purpose of veterans receiving preference points…
PRESIDING OFFICER: (SENATOR SCHOENBERG) Pardon me, Senator Hutchinson. I’ve been advised that there’s a Floor amendment. We are going to need to recall this. Do you -- Senator Hutchinson seeks leave of the Body to recall House Bill 849 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 849. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes, Mr. President. Floor Amendment No. 1, offered by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hutchinson.
Thank you. Floor Amendment No. 1 to House Bill 849 clarifies that they can use -- or that veterans who’ve been deployed can use the training and service school attendance to the definition of active duty for the purpose of veterans’ points in municipal hiring situations.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Dahl.
235 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 I’ll wait.
PRESIDING OFFICER: (SENATOR SCHOENBERG) I’m sorry. Did you seek to ask a question of the sponsor?
No. I -- I just want to thank the sponsor for all the work she done on this and -- and making it so we can all vote Yes on this bill. It’s a good bill. Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Is there any further discussion? All those in favor -- seeing no further discussion, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. Are there any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading is House Bill 849. Senator Hutchinson, do you wish to proceed? The lady indicates that she does. Mr. Secretary, please read the bill.
House Bill 849. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Hutchinson.
Thank you. As amended, House Bill 849 adds training and service school attendance to the definition of active duty for the purpose of veterans receiving preference points if the 236 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 person has been deployed. 849 ensures that civil service employees called for full-time training duty, annual training duty, and attendance at service schools are afforded preference points with regard to appointments to civil offices, positions, and places of employment in any Illinois municipality if they have been deployed. I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, Senator Hutchinson, do you wish to close?
Thank you.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 849 pass. All those in favor, vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting Nay, none voting Present. House Bill 849, having received the required constitutional majority, is hereby declared passed. The Order of House Bills 3rd Reading. Top of page 69 on your Calendar. House Bill 852. Out of the record. House Bill 853. Senator Muñoz. Senator Muñoz seeks leave of the Body to recall House Bill 853 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 853. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Muñoz.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 237 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. Floor Amendment 2 retains the underlying bill and adds that the Secretary of State may provide multi-year registration cards for any registered fleet of motor vehicle. These fleets may include vehicles of the first or second division. And I ask for its adoption.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor, vote Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. Now on the Order of 3rd Reading, House Bill 853. Mr. Secretary, please read the bill.
House Bill 853. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 853 provides for the issuance of Iraqi Freedom license plates to Illinois residents who meet eligibility; allows the Secretary of State to enter into an 238 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 agreement with rental owners to register their fleet of vehicles on a two- to three-year basis and allow multi-year registration plates with new registration card issued up to every three years. I know of no opposition.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Any discussion? Is there any discussion? Senator Rutherford.
I’m just going to make a statement, Senator Muñoz. I -- you know, I understand why you’re doing this. I would note, though, that existing today on the State statutes is a universal charitable plate that went into effect and became law in 1995. And as a part of that, provides for various military recognition similar to what you’re doing here. The problem we have -- and not the underlying purposes of the Iraqi Freedom, but the problem we have here is one more time another specialty license plate is being created. In fact, it’s gotten to the point that the Secretary of State’s Office has had to publish a four-color brochure outlining all of the specialty license plates that we have in the State of Illinois so when a police officer -- and -- stops someone, they can try to determine what kind of plate it is. We’ve had problems in which a police officer in Florida actually stopped a couple, ran the plates, and because they identified it as a different type of plate than what the actual plate was, they approached that car with drawn weapons. It was an elderly couple from Illinois. It’s been noted in the news here. We’ve had occurrences here in the State of Illinois as well, where people -- I’ve -- I’ve gone to a police dispatch unit, where they actually have to go through a screen of 239 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 multiple options to enter as to whether it’s a prevent violence, environmental, one of the university plates. So, I just -- I just hope and encourage that good causes like what you’re stating and my other colleagues who’ll be bringing in specialty license plate that we do encourage the Secretary of State to -- to encourage us to utilize the universal veteran, which they have their own designation, ability to raise the moneys, and to establish the rules promulgated to bring about the universal charitable plate.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any further discussion? Senator Muñoz, do you wish to close? SENATOR MUÑOZ: I would just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Question is, shall House Bill 853 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 55 voting Aye, 1 voting Nay, none voting Present. House Bill 853, having received the required constitutional majority, is hereby declared passed. House Bill 880. Senator Dillard. Senator Dillard seeks leave of the Body to recall House Bill 880 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of House Bills 2nd Reading is House Bill 880. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Dillard. 240 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Dillard.
Thank you, Mr. President. This is a noncontroversial amendment that returns the bill to its original intent and I would move its adoption.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SCHOENBERG) 3rd Reading. On the Order of 3rd Reading, House Bill 880. Mr. Secretary, please read the bill.
House Bill 880. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator Dillard.
Thank you, Mr. President. This is a bill that came to me from a constituent of mine and it’s also supported by the Illinois Chapter of the American Institute of Professional Geologists and the Board of Licensing for the Professional Geologists. It deals with how we handle interns in the geology 241 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 field and it also makes quorum requirements for the board that license these individuals. It’s noncontroversial. The Department is neutral. And I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Is there any discussion? Is there any discussion? Senator Dillard, do you wish to close? The question is, shall House Bill 880 pass. All those in favor will vote Aye. Opposed, Nay. The voting’s open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, please take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. House Bill 880, having received the required constitutional majority, is hereby declared passed. Chair wishes to inform the Body that the hour of 5 p.m. has arrived. We will no longer be taking any submissions for changes in the Agreed Bill List. We now intend to take the Agreed Bill List to -- to final action. As previously announced and with leave of the Body, we’ll now proceed to the Order of Consideration of the Agreed Bill List on page 53 of the Calendar. Mr. Secretary, please read the bills on the Agreed Bill List for the third time.
House Bill 39. (Secretary reads title of bill) House Bill 49. (Secretary reads title of bill) House Bill 61. (Secretary reads title of bill) House Bill 68. (Secretary reads title of bill) 242 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 House Bill 70. (Secretary reads title of bill) House Bill 77. (Secretary reads title of bill) House Bill 163. (Secretary reads title of bill) House Bill 184. (Secretary reads title of bill) House Bill 185. (Secretary reads title of bill) House Bill 192. (Secretary reads title of bill) House Bill 208. (Secretary reads title of bill) House Bill 211. (Secretary reads title of bill) House Bill 238. (Secretary reads title of bill) House Bill 253. (Secretary reads title of bill) House Bill 265. (Secretary reads title of bill) House Bill 281. (Secretary reads title of bill) House Bill 282. (Secretary reads title of bill) House Bill 301. (Secretary reads title of bill) House Bill 325. 243 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 (Secretary reads title of bill) House Bill 336. (Secretary reads title of bill) House Bill 361. (Secretary reads title of bill) House Bill 366. (Secretary reads title of bill) House Bill 380. (Secretary reads title of bill) House Bill 396. (Secretary reads title of bill) House Bill 399. (Secretary reads title of bill) House Bill 416. (Secretary reads title of bill) House Bill 457. (Secretary reads title of bill) House Bill 461. (Secretary reads title of bill) House Bill 493. (Secretary reads title of bill) House Bill 516. (Secretary reads title of bill) House Bill 546. (Secretary reads title of bill) House Bill 548. (Secretary reads title of bill) House Bill 550. (Secretary reads title of bill) 244 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 House Bill 594. (Secretary reads title of bill) House Bill 604. (Secretary reads title of bill) House Bill 605. (Secretary reads title of bill) House Bill 16 {sic} (610). (Secretary reads title of bill) House Bill 615. (Secretary reads title of bill) House Bill 641. (Secretary reads title of bill) House Bill 655. (Secretary reads title of bill) House Bill 658. (Secretary reads title of bill) House Bill 696. (Secretary reads title of bill) House Bill 710. (Secretary reads title of bill) House Bill 719. (Secretary reads title of bill) House Bill 721. (Secretary reads title of bill) House Bill 725. (Secretary reads title of bill) House Bill 737. (Secretary reads title of bill) House Bill 743. 245 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 (Secretary reads title of bill) House Bill 748. (Secretary reads title of bill) House Bill 760. (Secretary reads title of bill) House Bill 791. (Secretary reads title of bill) House Bill 804. (Secretary reads title of bill) House Bill 805. (Secretary reads title of bill) House Bill 808. (Secretary reads title of bill) House Bill 813. (Secretary reads title of bill) House Bill 820. (Secretary reads title of bill) House Bill 838. (Secretary reads title of bill) House Bill 862. (Secretary reads title of bill) House Bill 866. (Secretary reads title of bill) House Bill 869. (Secretary reads title of bill) House Bill 872. (Secretary reads title of bill) House Bill 900. (Secretary reads title of bill) 246 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 House Bill 942. (Secretary reads title of bill) House Bill 973. (Secretary reads title of bill) House Bill 986. (Secretary reads title of bill) House Bill 999. (Secretary reads title of bill) House Bill 1002. (Secretary reads title of bill) House Bill 1013. (Secretary reads title of bill) House Bill 1086. (Secretary reads title of bill) House Bill 1112. (Secretary reads title of bill) House Bill 1122. (Secretary reads title of bill) House Bill 1131. (Secretary reads title of bill) House Bill 1132. (Secretary reads title of bill) House Bill 1292. (Secretary reads title of bill) House Bill 1294. (Secretary reads title of bill) House Bill 1307. (Secretary reads title of bill) House Bill 1332. 247 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 (Secretary reads title of bill) House Bill 1793. (Secretary reads title of bill) House Bill 2244. (Secretary reads title of bill) House Bill 2551 {sic}. (Secretary reads title of bill) House Bill 2266… House Bill -- correction on the last one. House Bill 2251. (Secretary reads title of bill) House Bill 2266. (Secretary reads title of bill) House Bill 2275. (Secretary reads title of bill) House Bill 2284. (Secretary reads title of bill) House Bill 2285. (Secretary reads title of bill) House Bill 2294. (Secretary reads title of bill) House Bill 2295. (Secretary reads title of bill) House Bill 2318. (Secretary reads title of bill) House Bill 2337. (Secretary reads title of bill) House Bill 2362. (Secretary reads title of bill) House Bill 2370. 248 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 (Secretary reads title of bill) House Bill 2395. (Secretary reads title of bill) House Bill 2396. (Secretary reads title of bill) House Bill 2429. (Secretary reads title of bill) House Bill 2439. (Secretary reads title of bill) House Bill 2442. (Secretary reads title of bill) House Bill 2451. (Secretary reads title of bill) House Bill 2481. (Secretary reads title of bill) House Bill 2505. (Secretary reads title of bill) House Bill 2506. (Secretary reads title of bill) House Bill 2533. (Secretary reads title of bill) House Bill 2536. (Secretary reads title of bill) House Bill 2546. (Secretary reads title of bill) House Bill 2548. (Secretary reads title of bill) House Bill 2593. (Secretary reads title of bill) 249 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 House Bill 2644. (Secretary reads title of bill) House Bill 2661. (Secretary reads title of bill) House Bill 2669. (Secretary reads title of bill) House Bill 2674. (Secretary reads title of bill) House Bill 2680. (Secretary reads title of bill) House Bill 2750. (Secretary reads title of bill) House Bill 2845. (Secretary reads title of bill) House Bill 2871. (Secretary reads title of bill) House Bill -- excuse me, House -- House Bill 3635. (Secretary reads title of bill) House Bill 3647. (Secretary reads title of bill) House Bill 3663. (Secretary reads title of bill) House Bill 3670. (Secretary reads title of bill) House Bill 3721. (Secretary reads title of bill) House Bill 3730. (Secretary reads title of bill) House Bill 3731. 250 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 (Secretary reads title of bill) House Bill 3787. (Secretary reads title of bill) House Bill 3828. (Secretary reads title of bill) House Bill 3843. (Secretary reads title of bill) House Bill 3844. (Secretary reads title of bill) House Bill 3877. (Secretary reads title of bill) House Bill 3885. (Secretary reads title of bill) House Bill 3925. (Secretary reads title of bill) House Bill 3967. (Secretary reads title of bill) House Bill 3995. (Secretary reads title of bill) House Bill 3999. (Secretary reads title of bill) House Bill 4008. (Secretary reads title of bill) House Bill 4035. (Secretary reads title of bill) House Bill 4038. (Secretary reads title of bill) House Bill 4049. (Secretary reads title of bill) 251 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 House Bill 4117. (Secretary reads title of bill) House Bill 4153. (Secretary reads title of bill) House Bill 4177. (Secretary reads title of bill) House Bill 4197. (Secretary reads title of bill) House Bill 4199. (Secretary reads title of bill) House Bill 4242. (Secretary reads title of bill) And House Bill 4327. (Secretary reads title of bill) 3rd Reading of these House bills.
PRESIDING OFFICER: (SENATOR SCHOENBERG) As the Chair explained last night, there will be one roll call vote that will apply to each bill on the Agreed Bill List that we just heard. For the purposes of the electronic roll call vote, only a vote of Yes will be recorded for each bill on the list by the Secretary. A No or Present vote on the electronic roll call will not be recorded. Please note that the Secretary of the Senate will record you as voting No or Present on any particular listed bill, based on the responses that you filed prior to 5 p.m. today with the Secretary. Roll call will be on the final passage of the bills just read by the Secretary. The question is, shall this series of bills pass. All those in favor, vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted 252 STATE OF ILLINOIS 96th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/19/2009 who wish? Mr. Secretary -- Mr. Secretary, please take the record. On these bills, there are 58 Ayes, the Nays and Present votes as -- are -- as recorded in the Office of the Secretary of the Senate. The record will appropriately reflect the negative or Present votes as submitted in writing to the Secretary. This series of bills, having received the constitutional majority by record vote, is declared passed. The record vote for each bill shall be entered in the Journal. Senator Syverson, for what purpose do you seek recognition?
Thank you, Mr. President. Immediately upon adjournment, we’d like to call for a Republican Caucus. Oh! Right now. Right now, we’d like to call for a Republican Caucus.
PRESIDING OFFICER: (SENATOR SCHOENBERG) Senator -- Senator Syverson, the Chair is preparing to adjourn momentarily. So, if you wouldn’t mind, we’ll roll the credits and then the Republican’s can caucus. Thank you. Is there anyone else seeking recognition? There -- seeing no further business to come before the Senate, the Senate now stands adjourned until the hour of 9 a.m. on Wednesday, May 20th, 2009. The Senate now stands adjourned. 253